Gujarat High Court
Ramabhai S/O Devdanbhai Ahir vs State Of Gujarat on 7 September, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/14362/2022 ORDER DATED: 07/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 14362 of 2022
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RAMABHAI S/O DEVDANBHAI AHIR
Versus
STATE OF GUJARAT
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Appearance:
MR K.J. PANCHAL, ADVOCATE WITH MR VINOD M GAMARA(5910) for the
Applicant(s) No. 1,2,3
MR MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 07/09/2022
ORAL ORDER
1. The applicants, by way of this application filed under Section 439 of the Code of Criminal Procedure, seek regular bail in connection with the FIR being C.R. No.11217032220289 of 2022 registered with Santalpur Police Station, Dist. Patan, for the offences punishable under Sections 379, 407, 411, 413, 120(B) and 114 of the IPC.
2. As per the case of prosecution, a conspiracy was hatched by principal accused namely Alpesh Chaudhary and Valabhai Bharwad to theft the imported coal and in connivance with the truck driver, they extracted the imported coal and in substitute of it, they were mixing substandard substance. Pursuant to the FIR lodged by the Police Authority, the whole racket came into light and accordingly, present applicants have been apprehended in the alleged offence.
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3. It is the submission of Mr. K.J. Panchal, learned counsel for the applicants that they are suffering confinement since 29.06.2022. Hence, further detention of the applicants is unwarranted.
Mr. Panchal, learned advocate for the applicants submitted that, the applicants were neither part of the alleged conspiracy, nor, they played any active role in commission of the alleged offence. He further submitted that, the applicants were hired by the principal accused for the work of loading and unloading of imported coal. In such circumstances, he prayed that, the applicants are in jail since June-2022 and now their further custody is not necessary and therefore, discretion may kindly be exercised in their favour.
4. Mr. Manan Maheta, learned APP vehemently opposed the bail application and submitted that considering the nature and gravity of accusation and the role attributed to the present applicants, no case is made out for exercising discretion in favour of the applicants.
5. Heard Mr. K.J. Panchal, learned advocate with Mr. Vinod Gamara, learned advocate for the applicants and Mr. Manan Maheta, learned APP for the respondent-State.
6. Having heard learned advocates appearing for the respective parties and upon perusal of the material placed on record, it appears that, the applicants were hired for loading and unloading of the work as referred in the FIR. In such circumstances, without commenting any opinion on merits of Page 2 of 4 Downloaded on : Thu Sep 08 21:31:19 IST 2022 R/CR.MA/14362/2022 ORDER DATED: 07/09/2022 the case, I am inclined to release the applicants on bail.
7. Hence, present application is allowed and the applicants are ordered to be released on regular bail in connection with the FIR being C.R. No.11217032220289 of 2022 registered with Santalpur Police Station, Dist. Patan, on executing a personal bond of Rs.10,000/- (Rupees Ten thousand only) each, with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they shall;
No. Conditions
(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 India without prior permission of the Sessions Judge concerned;
(e) furnish latest 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 trial Court;
8. The Authorities will release the applicants only if they are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, Page 3 of 4 Downloaded on : Thu Sep 08 21:31:19 IST 2022 R/CR.MA/14362/2022 ORDER DATED: 07/09/2022 the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned 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. At the trial, learned 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 applicants on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(ILESH J. VORA,J) TAUSIF SAIYED Page 4 of 4 Downloaded on : Thu Sep 08 21:31:19 IST 2022