Mangalbhai @ Maganbhai Saburbhai Nayak vs State Of Gujarat on 15 November, 2022

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Gujarat High Court

Mangalbhai @ Maganbhai Saburbhai Nayak vs State Of Gujarat on 15 November, 2022

Bench: Samir J. Dave

   R/CR.MA/20798/2022                                 ORDER DATED: 15/11/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 20798 of 2022

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              MANGALBHAI @ MAGANBHAI SABURBHAI NAYAK
                               Versus
                         STATE OF GUJARAT
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Appearance:
MS.NIDHI P BAROT(6675) for the Applicant(s) No. 1,2
MR JK SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                            Date : 15/11/2022

                             ORAL ORDER

Rule returnable forthwith. Leaned APP waives service of notice of rule for and on behalf of the respondent-State.

The present bail application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R .No. 11207024220553 of 2022 registered with Godhara Taluka Police Station, District Panchmahal for the offence punishable under Sections 3, 4(3), 5(c) and 5(b) of the Gujarat Land Grabbing (Prohibition) Act 2010 Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by Page 1 of 4 Downloaded on : Tue Nov 15 21:31:27 IST 2022 R/CR.MA/20798/2022 ORDER DATED: 15/11/2022 imposing suitable conditions. That, prior to the registration of the impugned FIR, Civil Suit No. 97 of 2016 was filed before the Civil Court against the complainant before the learned Civil Court at Godhara and the same is pending and therefore, it was requested by learned advocate for the applicant to release the present applicant on regular bail.

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. It was further submitted that the present applicant is involved in the serious offence thus, no leniency would be considering by granting present applicant on bail.

Having heard learned advocate for the applicant and learned APP for the respondent-State as well as papers produced on record, it appears that offence has been registered against the present applicant being C.R .No. 11207024220553 of 2022 registered with Godhara Taluka Police Station, District Panchmahal for the offence punishable under Sections 3, 4(3), 5(c) and 5(b) of the Gujarat Land Grabbing (Prohibition) Act 2010. Since trial will take its own time to conclude, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Thus, the prayer of the applicant requires consideration.

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R/CR.MA/20798/2022 ORDER DATED: 15/11/2022 In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am 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 FIR being C.R .No. 11207024220553 of 2022 registered with Godhara Taluka Police Station, District Panchmahal 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 learned 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] surrender passport, if any, to the lower court within a week;

[d] not leave the territory of India without prior permission of the Sessions Judge concerned; [e] furnish latest and permanent 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 learned Sessions Court concerned;

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R/CR.MA/20798/2022 ORDER DATED: 15/11/2022 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.

(SAMIR J. DAVE,J) K. S. DARJI Page 4 of 4 Downloaded on : Tue Nov 15 21:31:27 IST 2022

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