Gujarat High Court
Surendrapalsing @ Judge S/O Gyansing ... vs State Of Gujarat on 24 July, 2019
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
R/CR.MA/9482/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9482 of 2019
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SURENDRAPALSING @ JUDGE S/O GYANSING MAJBI(SARDAR)
Versus
STATE OF GUJARAT
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MR RONAK RAVAL, APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 24/07/2019
ORAL ORDER
1. 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.I-4 of 2019 registered with Bardoli Police Station, Surat Rural for offence under Sections 392, 114, 201, 365, 342, 120(B) 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 Page 1 of 4 Downloaded on : Thu Jul 25 04:36:48 IST 2019 R/CR.MA/9482/2019 ORDER offence.
4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned 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. This Court has also considered the aspects that; (i) the applicant is in jail since 12.1.2019; (ii) investigation is concluded and chargesheet is filed; (iii) it is submitted by learned advocate for the applicant that there is no recovery or discovery from the applicant; (iv) TI parade was not held; (v) co-accused have been enlarged on bail either by the Sessions Court or by this Court, copy of said orders are produced on record; (vi) it is also contended that no other FIR is registered against the applicant; in view of the aforesaid facts and circumstances of the present case, the present application is allowed.
6. This Court has also taken into consideration Page 2 of 4 Downloaded on : Thu Jul 25 04:36:48 IST 2019 R/CR.MA/9482/2019 ORDER 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.
7. 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-4 of 2019 registered with Bardoli Police Station, Surat Rural 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 India without prior permission of the Sessions Judge concerned;
[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
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R/CR.MA/9482/2019 ORDER
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;
8. 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 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.
9. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
10. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(VIPUL M. PANCHOLI, J) SRILATHA Page 4 of 4 Downloaded on : Thu Jul 25 04:36:48 IST 2019