Pareshbhai Jagdishbhai Solanki vs The State Of Gujarat on 1 April, 2021

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Gujarat High Court

Pareshbhai Jagdishbhai Solanki vs The State Of Gujarat on 1 April, 2021

Bench: Vipul M. Pancholi

            R/CR.MA/3436/2021                                           ORDER



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO.                             3436 of 2021

=======================================================
            PARESHBHAI JAGDISHBHAI SOLANKI
                         Versus
                 THE STATE OF GUJARAT
=======================================================
Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR RB RAVAL APP(2) for the Respondent(s) No. 1
=======================================================

CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                                Date : 01/04/2021
                                      ORAL ORDER

1. Pursuant to liberty granted by this Court while passing an order dated 21.07.2020, 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.I11/2019 registered with Bharatnagar Police Station for offence under Sections 489A, 489B, 489C, 489D, 120B and 114 of the Indian Penal Code.

2. 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.

3. Learned APP 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.

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R/CR.MA/3436/2021 ORDER

5. 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.

6. This Court has considered following aspects,

(a) the applicant is in jail since 19.09.2020;

(b) the investigation is over and the chargesheet is filed;

(c) it is submitted by learned advocate appearing for the applicant that this Court has granted liberty to approach again after a period of six months if the trial is not commenced and till date, the trial has not commenced and, therefore, the present application is filed;

(d) it is further submitted that as per the case of the prosecution, all the accused have hatched conspiracy and, thereafter, printed fake currency notes. At this stage, it is submitted that two other coaccused have been enlarged on bail by the Coordinate Bench of this Court, copies of those orders are placed on record at Page Nos.22 and 25 respectively;

(e) I have considered the submissions canvassed by learned advocates appearing for the parties.

Looking to overall facts of the present case, I am inclined to consider the case of the applicant.

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R/CR.MA/3436/2021 ORDER

7. 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I 11/2019 registered with Bharatnagar 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 the 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;

9. The authorities shall adhere to its own Circular relating to COVID19 and, thereafter, will release Page 3 of 4 Downloaded on : Fri Apr 02 03:29:24 IST 2021 R/CR.MA/3436/2021 ORDER 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.

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

11. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J.) Gautam Page 4 of 4 Downloaded on : Fri Apr 02 03:29:24 IST 2021

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