Jignesh @ Sagar Mohanbhai Makwana vs State Of Gujarat on 29 January, 2021

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Gujarat High Court

Jignesh @ Sagar Mohanbhai Makwana vs State Of Gujarat on 29 January, 2021

Bench: Vipul M. Pancholi

      R/CR.MA/15264/2020                                                ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO.                     15264 of 2020

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              JIGNESH @ SAGAR MOHANBHAI MAKWANA
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR P B KHANDHERIA(5228) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                             Date : 29/01/2021

                                   ORAL ORDER

1. This successive bail application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I71 of 2018 registered with Gondal City Police Station, Rajkot Rural for offence under Sections 306, 376(H)(M), 323, 506(3) and 114 of the Indian Penal Code and Sections 4, 6 and 17 of the POCSO Act, pursuant to the liberty granted by this Court on 27.03.2019.

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 offence.

4. Learned Advocates appearing on behalf of the respective parties do not press for further Page 1 of 4 Downloaded on : Sat Jan 30 03:46:26 IST 2021 R/CR.MA/15264/2020 ORDER 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.

6. This Court has considered following aspects,

(a) applicant is in jail since 19.06.2018;

(b) investigation is over and chargesheet is filed;

(c) it is submitted that though trial is commenced, the same would not be over in near future as there are total 35 witnesses, out of which, only 13 witnesses are examined.

(d) I have considered the material placed on record and the submissions canvassed by learned advocate for the applicant. In the facts and circumstances of the present case, I am inclined to consider the case of the applicant.

7. 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I71 of 2018 registered with Gondal City Police Station, Rajkot Rural on executing a personal bond of Page 2 of 4 Downloaded on : Sat Jan 30 03:46:26 IST 2021 R/CR.MA/15264/2020 ORDER 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 the 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 the concerned trial court;

9. 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 Page 3 of 4 Downloaded on : Sat Jan 30 03:46:26 IST 2021 R/CR.MA/15264/2020 ORDER law.

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

11. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J) LAVKUMAR J JANI Page 4 of 4 Downloaded on : Sat Jan 30 03:46:26 IST 2021

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