Jentibhai Keshavbhai Rangani Patel vs State Of Gujarat on 28 March, 2019

[Cites 7, Cited by 1]

Gujarat High Court

Jentibhai Keshavbhai Rangani Patel vs State Of Gujarat on 28 March, 2019

Bench: Vipul M. Pancholi

       R/CR.MA/5780/2019                                                ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 5780 of 2019
==========================================================
            JENTIBHAI KESHAVBHAI RANGANI PATEL
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR NISARG H VYAS(9431) for the Applicant(s) No. 1
MR LB DABHI, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
==========================================================
 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
                    Date : 28/03/2019
                     ORAL ORDER

1. Rule. Learned APP Mr.L.B. Dabhi waives service of Rule on behalf of 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.I-74 of 2017 registered with Talala Police Station, District GirSomnath, for the offences punishable under Sections 166, 216, 408, 477(a) and 114 of the Indian Penal Code.

3. 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.

4. Learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.

5. Learned advocates appearing on behalf of the respective parties do not press for further Page 1 of 4 R/CR.MA/5780/2019 ORDER reasoned order.

6. 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.

7. This Court has also considered the following aspects:

(a) for the incident, which has occurred during the period between December, 2013 to July, 2015, the FIR is registered in the year October 2017;

(b) the applicant is UpaSarpanch; and

(c) looking to the role played by the applicant, this Court is inclined to exercise discretion in his favour.

8. 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.

9. 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-74 of 2017 registered with Talala Police Station, District GirSomnath, 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 Page 2 of 4 R/CR.MA/5780/2019 ORDER 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 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 this Court;

10. 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.

Page 3 of 4

           R/CR.MA/5780/2019                                ORDER



11.      At   the     trial,   the   Trial     Court   shall   not   be

influenced by the prima facie observations made by this Court in the present order.

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 4 of 4

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