Gujarat High Court
Bhagirathsinh Mahipatsinh Sarvaiya vs State Of Gujarat on 28 October, 2016
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/29203/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 29203 of 2016
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BHAGIRATHSINH MAHIPATSINH SARVAIYA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR.MRUDUL M BAROT, ADVOCATE for the Applicant(s) No. 1
MR.K.P.RAVAL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 28/10/2016
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.I-34/2016 registered with Palitana Town Police Station, Dist:Bhavnagar for the offences punishable under Sections 406, 420, 468, 477, 465, 467, 409, 201, 120B, 208, 167, 196, 197, 198, 119 and 114 of the Indian Penal Code.
2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.
3. Learned advocate for the applicant submitted that the applicant is an innocent person, however has been falsely implicated in the alleged Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Oct 29 00:14:57 IST 2016 R/CR.MA/29203/2016 ORDER offences. It is further submitted that the substantial part of the investigation is over and therefore now there is no possibility of tampering with the evidence. It is submitted that similarly situated co-accused has been released on bail vide order dated 18.10.2016 passed in Criminal Miscellaneous Application No.26003/2016 and therefore, on the ground of parity as also considering the nature and gravity of accusation made against the applicant, role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicant. Therefore, the present application may be rejected.
5. Regard being had to the above submissions, it appears that the similarly situated co-accused has been released on bail vide order dated 17.06.2016 passed in Criminal Miscellaneous Application No.12814/2016 and therefore, on the ground of parity as also considering the nature and gravity of assertion made against the applicant and in the facts and circumstances of the case and considering the nature of allegations made against the applicant in the First Information Report and Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Oct 29 00:14:57 IST 2016 R/CR.MA/29203/2016 ORDER also considering the fact that substantial part of the investigation is over, now there is no possibility of tampering with the evidence, 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 the FIR being C.R.No.I-34/2016 registered with Palitana Town Police Station, Dist:Bhavnagar f on his 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 following 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 State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[f] 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 this Court;
6. The authorities will release the applicant only if he is not required Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Oct 29 00:14:57 IST 2016 R/CR.MA/29203/2016 ORDER 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.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(B.N. KARIA, J.) Girish Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Oct 29 00:14:57 IST 2016