Gujarat High Court
Vinodbhai Mahasukh Thaker vs State Of Gujarat on 14 July, 2021
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/11687/2021 ORDER DATED: 14/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11687 of 2021
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VINODBHAI MAHASUKH THAKER
Versus
STATE OF GUJARAT
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Appearance:
MR JAL S. UNWALA, SR. ADVOCATE with MR. JAIMIN R DAVE(7022) for
the Applicant(s) No. 1
MR MANAN MEHTA, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE S.H.VORA
Date : 14/07/2021
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. Heard learned Senior Counsel Mr. Unwala with learned advocate Mr. JR Dave, for the applicant and learned APP, for the respondent-State through V.C.
3. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. 11192003210275 with Sanand GIDC Police Station for the offences punishable under Sections 3, 4(1), 4(2), 4(3), 5(a), 5(c) and 5(d) of the Gujarat Land Grabbing (Prohibition) Act and u/s 447, 114 of the IPC.
3.1 Learned Senior Counsel Mr. Unwala with learned advocate Mr. JR Dave for the applicant states at bar that the applicant will comply with notice dated 26.3.2021 issued u/s Page 1 of 4 Downloaded on : Fri Jul 16 08:38:01 IST 2021 R/CR.MA/11687/2021 ORDER DATED: 14/07/2021 105 of the Gujarat Panchayat Act annexed at Annexure H to the petition, within one month from the date of actual release of the applicant from the jail. Further, the applicant and/or his representative would not claim any right, title, interest or possession over the land bearing survey No.491 admeasuring 2 acre and 30 guntha as mentioned in the notice u/s 105 of the Gujarat Panchayat Act.
4. Heard and examined the papers placed for consideration in support of the submission made at bar.
5. Upon hearing submission, following picture emerges on record :-
(i) Substantial investigation is over.
(ii) No past antecedent is registered qua the applicant under the Land Grabbing Act.
(iii) The entire incriminating material is in the custody of the investigating agency and therefore, there is no likelihood or possibility to tamper with the same.
(iv) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.
(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.
6. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. 11192003210275 with Sanand GIDC Police Station, on executing a bond of Rs.10,000/-(Rupees Ten Thousand Page 2 of 4 Downloaded on : Fri Jul 16 08:38:01 IST 2021 R/CR.MA/11687/2021 ORDER DATED: 14/07/2021 only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant 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] not leave the territory of India without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
[f] file an undertaking within, three days from his actual release, to comply with notice dated 26.3.2021 issued u/s 105 of the Gujarat Panchayat Act annexed at Annexure H to the petition and not to claim any right, title, interest or possession over the subject land of the FIR, within one month from the date of actual release of the applicant from the jail
7. The competent authority will release the applicant only if the applicant 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 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 Page 3 of 4 Downloaded on : Fri Jul 16 08:38:01 IST 2021 R/CR.MA/11687/2021 ORDER DATED: 14/07/2021 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.
8. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SHEKHAR P. BARVE Page 4 of 4 Downloaded on : Fri Jul 16 08:38:01 IST 2021