Gujarat High Court
Jiteshbhai Rameshbhai Gajeria vs State Of Gujarat on 12 July, 2019
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/8209/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8209 of 2019
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JITESHBHAI RAMESHBHAI GAJERIA
Versus
STATE OF GUJARAT
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Appearance:
MR JM BAROT(143) for the Applicant(s) No. 1
MR RAKESH PATEL, LD.APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 12/07/2019
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I- 106 of 2017 registered with Gondal City Police Station, for the offences punishable under Sections 406, 420, 34, etc. of the Indian Penal Code.
2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard learned advocates appearing on Page 1 of 3 Downloaded on : Sat Jul 13 02:38:14 IST 2019 R/CR.MA/8209/2019 ORDER behalf of the respective parties and considered the allegations levelled against the applicant and the role played by the applicant.
I have also considered the fact that charge-sheet is filed and the offences are triable by the learned Magistrate. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra versus Central Bureau of Investigation reported in (2012)1 SCC 40.
6. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I- 106 of 2017 registered with Gondal City Police Station, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only) with one surety of the like amount to the satisfaction of the learned 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 the State of Gujarat without prior
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R/CR.MA/8209/2019 ORDER
permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station on any day of first week of alternate English Calendar Month till trial is over.;
[f] 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 this Court;
7. 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 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 applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[A.J.DESAI,J.] DIPTI PATEL Page 3 of 3 Downloaded on : Sat Jul 13 02:38:14 IST 2019