Gujarat High Court
Parmar Vijaybhai Babubhai vs State Of Gujarat on 11 August, 2020
Author: Ashutosh J. Shastri
Bench: Ashutosh J. Shastri
R/CR.MA/10473/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 10473 of 2020
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PARMAR VIJAYBHAI BABUBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR TEJAS M BAROT(2964) for the Applicant(s) No. 1
MR JK SHAH, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 11/08/2020
ORAL ORDER
1. Present application is filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, being C.R. No.11206033201092 of 2020 registered with Unjha Police Station, Mehsana for the offences punishable under Sections 409, 420 and 120(B) of the Indian Penal Code, Section 53 of the Disaster Management Act and Sections 3 and 7 of the Essential Commodities Act.
2. Learned advocate Mr. Tejas Barot appearing on behalf of the applicant has submitted that the applicant is an innocent person and has been wrongly arraigned in the prosecution. At the outset, Mr. Barot has submitted that almost in a similar circumstance, the co- accused persons, who are large in number, have already been enlarged on regular bail and the applicant was working under Manager Mr. Sanjaybhai Madhubhai Vaghela, who has already been granted regular bail by the Coordinate Bench of this Court in Criminal Misc. Application No.10088 of 2020 and as such, on the principle of parity as well, the applicant may kindly be considered for release on regular bail. Additionally, Mr. Barot has submitted that even owner of Paras Flour Factory Shri Suresh M. Patel has also been released on regular bail and one another co-accused Page 1 of 4 Downloaded on : Tue Aug 11 22:18:08 IST 2020 R/CR.MA/10473/2020 ORDER person from whose factory the goods have been seized has also been released on regular bail and there are several orders passed by the Coordinate Bench of this Court in connection with this very FIR. Accordingly, without much entering into the veracity of the assertion made in the complaint, the applicant may kindly be granted regular bail.
3. As against the aforesaid submission, learned APP Mr. J.K. Shah has submitted that a serious offence is committed by all accused persons, for which the substantive criminal complaint is filed against them and therefore, looking to the nature of the offence committed, no discretion be exercised in favour of the applicant. However, Mr. Shah could not withstand the circumstance that on similar allegations, several co-accused persons have already been enlarged on regular bail. Mr. Shah has ultimately left the matter to the discretion of this Court.
4. Having heard learned advocates appearing for the parties and having gone through the material on record, it appears that undisputedly, the applicant was working under the Manager of the godown Mr. Sanjaybhai Madhubhai Vaghela who has been granted regular bail and from the record, it appears that several co-accused persons have been granted regular bail in connection with this very offence. Hence, the Court is inclined to consider the request of the applicant. The orders which have been passed by the Coordinate Benches of this Court are as follows:-
(1) Order dated 16.7.2020 passed in Criminal Misc. Application No.9493 of 2020.
(2) Order dated 27.7.2020 passed in Criminal Misc. Application Page 2 of 4 Downloaded on : Tue Aug 11 22:18:08 IST 2020 R/CR.MA/10473/2020 ORDER No.10088 of 2020;
As such, when the applicant was serving under the Manager of the godown, who has already been granted regular bail by the Coordinate Bench, there is no point in allowing the present applicant to languish in jail and accordingly, on the basis of the aforesaid material on record, the application deserves to be allowed.
5. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11206033201092 of 2020 registered with Unjha Police Station, Mehsana on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 the concerned trial court;
6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not Page 3 of 4 Downloaded on : Tue Aug 11 22:18:08 IST 2020 R/CR.MA/10473/2020 ORDER required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the 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 is clarified that the Court below shall not be influenced by any of the observation made in this order during the trial.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(ASHUTOSH J. SHASTRI, J) SURESH SOLANKI Page 4 of 4 Downloaded on : Tue Aug 11 22:18:08 IST 2020