Kanhaiyalal Gagandas Ramnandi (Sadhu) vs State Of Gujarat on 14 August, 2019

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Gujarat High Court

Kanhaiyalal Gagandas Ramnandi (Sadhu) vs State Of Gujarat on 14 August, 2019

Bench: Vipul M. Pancholi

       R/CR.MA/13566/2019                                              ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 13566 of 2019
==========================================================
         KANHAIYALAL CHHAGANDAS RAMNANDI (SADHU)
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1
MR RONAK RAVAL, ADDITIOANL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
==========================================================
 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
                    Date : 14/08/2019
                     ORAL ORDER

1. Leave to amend the causetitle of the application. Learned advocate for the applicant to carry out the necessary amendment, forthwith.

2. Rule. Learned APP Mr.Ronak Raval waives service of Rule on behalf of the respondent State.

3. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I14 of 2019 registered with Rapar Police Station for offence under Sections 406, 420, 465, 467, 468, 471, 120B and 114 of the Indian Penal Code.

4. Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

5. Learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the Page 1 of 4 Downloaded on : Wed Aug 14 22:36:37 IST 2019 R/CR.MA/13566/2019 ORDER offence.

6. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

7. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. This Court has also considered the following aspects:

(a) the applicant is in Jail since 10.06.2019;

(b) investigation is almost concluded as the remand period is over;

(c) case of the prosecution rests on documentary evidence. The same is already collected by the Investigating Agency during the course of investigation;

(d) for the alleged incident, which has taken place on 22.06.2017, the FIR is registered on 22.03.2019. Thus, there is a delay in lodging the FIR; and

(e) this Court has considered the role attributed to the applicant and looking to the overall facts and circumstances of the present case, this Court is inclined to exercise discretion in favour of the applicant.

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R/CR.MA/13566/2019 ORDER

9. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40.

10. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I14 of 2019 registered with Rapar Police Station, on executing a personal 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 injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned Trial Court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

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R/CR.MA/13566/2019 ORDER

11. The authorities will release the applicant only if he 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. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

12. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

13. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 4 of 4 Downloaded on : Wed Aug 14 22:36:37 IST 2019

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