Gujarat High Court
Ramjibhai Jemalbhai Thakor vs State Of Gujarat on 14 October, 2022
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/CR.A/1760/2022 ORDER DATED: 14/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1760 of 2022
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RAMJIBHAI JEMALBHAI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MS JEMINI S PATEL(10140) for the Appellant(s) No. 1
MR KM ANTANI ADDITIONAL PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
MR NILAY SUCHAK FOR SAN ASSOCIATES LLP(8655) for the
Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 14/10/2022
ORAL ORDER
1. Heard learned Advocate Ms. Jemini S. Patel on behalf of the appellant, learned Additional Public Prosecutor Mr. K.M. Antani on behalf of the respondent no.1- State and learned Advocate Mr. . Nilay Suchak for M/s San Associates on behalf of respondent no.2
2. This appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R bearing CR.No. I- 11217036220266 of 2022 registered with Varahi Police Station, District: Patan for offences punishable under Sections 143, 147, 148, 294(b), 307, 326, 324, 323, 506(2) and 34 of the Indian Penal Code read with Section 3(2)(v), 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
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3. Learned Advocate Ms. Patel would submit that the role attributed to the present appellant is of being part of a group of persons who had assaulted the first informant and his family members and whereas the allegation against the present appellant specifically is of being present in the group with a stick in his hand and later having assaulted one of the victims by kick and fist blows.
Learned Advocate would submit that considering the fact that the appellant is in custody since 24.06.2022 and whereas the charge- sheet having been filed even prior to the present application/appeal being preferred, therefore, the present appellant may be considered for being released on regular bail.
4. This appeal is vehemently objected to by learned APP Mr. K.M. Antani who would submit that considering the role attributed to the present appellant this Court may not grant indulgence to the present applicant at this stage.
5. Learned Advocate Mr. Nilay Suchak on behalf of the first informant while reiterating the submission of learned APP Mr. Antani would independently submit that the appellant, had a history of trying to intimidate and harass the present first informant and therefore the appellant may not considered for being released on regular bail.
6. Having heard the learned Advocates for the parties, following aspects are considered by this Court:
[1] It appears that while the appellant is stated to be part of the Page 2 of 5 Downloaded on : Tue Oct 18 22:48:37 IST 2022 R/CR.A/1760/2022 ORDER DATED: 14/10/2022 group with stick in his hand, it does not appear that the present appellant had inflicted any injury using such a stick.
[2] It appears that the present appellant is stated to have assaulted one of the victims inflicting kick and fist blows.
[3] It also appears that the allegation of using caste related abuses is corelatable with other accused.
[4] It also appears that the present appellant is in custody since 24.06.2022 and charge-sheet is filed.
[5] This Court has also appreciated the fact that the present appellant is 61 year old person without having any antecedent, except the one which is referred in the FIR.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. that this is a fit case to exercise the discretion to enlarge the applicant on bail.
8. Hence, the application is allowed and the applicant is ordered to be Page 3 of 5 Downloaded on : Tue Oct 18 22:48:37 IST 2022 R/CR.A/1760/2022 ORDER DATED: 14/10/2022 released on bail in connection with CR.No. I- 11217036220266 of 2022 registered with Varahi Police Station, District: Patan on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] not enter in the limits of village Jarusha, Taluka: Santalpur, District: Patan for a period of three months from the date of release ;
[e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the Investigating Officer concerned ;
[f] mark presence once in a month for a period of next three months at the concerned Police Station;
9. The Authorities will release the applicant only if she is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. It will be open for the concerned Court to delete, modify and/or Page 4 of 5 Downloaded on : Tue Oct 18 22:48:37 IST 2022 R/CR.A/1760/2022 ORDER DATED: 14/10/2022 relax any of the above conditions in accordance with law. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Direct service is permitted.
(NIKHIL S. KARIEL,J) NIRU Page 5 of 5 Downloaded on : Tue Oct 18 22:48:37 IST 2022