Pravinbhai Hirabhai Koli vs State Of Gujarat on 21 December, 2020

[Cites 14, Cited by 4]

Gujarat High Court

Pravinbhai Hirabhai Koli vs State Of Gujarat on 21 December, 2020

Bench: Vikram Nath

        R/CR.MA/19367/2020                                       ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 19367 of 2020

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                          PRAVINBHAI HIRABHAI KOLI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH

                               Date : 21/12/2020

                                ORAL ORDER

1. Rule. Shri Dharmesh Devnani, learned APP waives service of Rule for the respondent - State.

2. 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.11993005200314 of 2020 registered with Adesar Police Station, District Kutch-Gandhidham (East) for the offence under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120(B) & 506(2) of the IPC and under Sections 25(1-b)A, 27 & 29 of the Arms Act and under Section 135 of the G.P.Act.

3. Heard Shri Premal Rachh, learned counsel for the applicant and Shri Dharmesh Devnani, learned APP for the State through video conferencing.

4. Learned counsel for the applicant has pointed out that the applicant would be entitled to benefit of parity as co-accused viz. Siddhrajsinh Bagubha Vaghela, who was assigned similar role of armed with stick as that of the present applicant has already been granted bail by this Court vide order dated 22.10.2020 passed in Criminal Misc. Application No.14704 of 2020. 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 Page 1 of 3 Downloaded on : Tue Dec 22 23:12:33 IST 2020 R/CR.MA/19367/2020 ORDER imposing suitable conditions.

5. Learned APP appearing on behalf of the respondent - State has opposed grant of regular bail looking to the nature and gravity of the offence. However, learned APP does not dispute the above position nor has pointed out any distinction.

6. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

7. 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.

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

9. 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.

10. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.11993005200314 of 2020 registered with Adesar Police Station, District Kutch-Gandhidham (East) 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;

Page 2 of 3 Downloaded on : Tue Dec 22 23:12:33 IST 2020

R/CR.MA/19367/2020 ORDER [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 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;

11. 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.

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

13. Rule is made absolute to the aforesaid extent. The Registry is directed to communicate this order to the concerned court by email.

(VIKRAM NATH, CJ) A. B. VAGHELA Page 3 of 3 Downloaded on : Tue Dec 22 23:12:33 IST 2020

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