Sagar Pragjibhai Patoliya vs State Of Gujarat on 19 January, 2021

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Gujarat High Court

Sagar Pragjibhai Patoliya vs State Of Gujarat on 19 January, 2021

Bench: A.Y. Kogje

        R/CR.MA/19116/2020                                               ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 19116 of 2020

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                        SAGAR PRAGJIBHAI PATOLIYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
APURVA K JANI(7057) for the Applicant(s) No. 1
MR L B DABHI, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                               Date : 19/01/2021

                                ORAL ORDER

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as CRI/11193060200700/2020 with Vadiya Police Station, Amreli for the offence punishable under Sections 406, 420, 465, 468 and 471 of the Indian Penal Code and Sections 30 and 35 of the Gujarat Medical Practitioners Act, 1963.

2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. On the other hand, the learned Additional Public Prosecutor appearing for the respondentState has opposed grant of regular bail looking to the nature Page 1 of 4 Downloaded on : Thu Jan 21 01:11:03 IST 2021 R/CR.MA/19116/2020 ORDER and gravity of the offence.

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

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered : I) The FIR is registered on 19.11.2020 for the offence which took place on 19.11.2020 II) The applicant is in custody since 19.11.2020.

III) Investigation qua applicant is concluded, as the remand period is over.

IV) Submissions of learned advocate applicant that the applicant there is a no dispute that the applicant is qualified Doctor, as he has studied the medical course from Philippines. However, only issue is that the applicant has not qualified the examination conducted by Medical Council of India (National Medical Council) to enable him to practice in India.

V) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

6. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

7. In the facts and circumstances of the case and Page 2 of 4 Downloaded on : Thu Jan 21 01:11:03 IST 2021 R/CR.MA/19116/2020 ORDER considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with CRI/11193060200700/2020 with Vadiya Police Station, Amreli 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;

(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

(e) mark presence before the concerned Police Station on alternate Monday 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 his 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;

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R/CR.MA/19116/2020 ORDER

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.

10. 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.

11. At the trial, the 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.

12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

(A.Y. KOGJE, J) GIRISH Page 4 of 4 Downloaded on : Thu Jan 21 01:11:03 IST 2021

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