Gujarat High Court
Ranjitsinh Sardarsinh Devda vs State Of Gujarat on 2 November, 2023
NEUTRAL CITATION
R/SCR.A/12619/2023 ORDER DATED: 02/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DEFAULT BAIL) NO. 12619 of 2023
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RANJITSINH SARDARSINH DEVDA
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR. L.B.DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 02/11/2023
ORAL ORDER
1. The Applicant has filed this Application under Section 439 of the Code of Criminal Procedure for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11195055210435/2021 registered with Vadgam Police Station, Banaskantha.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent - State.
3. Learned Advocate for the Applicant has submitted that the investigation is over and charge sheet is filed. He has further submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.
4. Per contra, learned APP has vehemently opposed the present application for grant of regular bail and submitted that looking to the nature and gravity of offence the Application may be dismissed.
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5. Heard leanred Advocates for the parties and perused the record.
6. The record indicates that the Applicant has been ordered to be enlarged on regular bail by this Court vide its order dated 17.12.2021 subject to the condition to deposit amount of Rs. 1,38,19,000/-. However, since the Applicant could not deposit the said amount, the bail granted to the Applicant came to be cancelled and the Applicant was apprehended again in connection with the offence in question. From the record, it also appears that the Applicant has preferred Application under Section 437(6) of the Code of Criminal Procedure before the learned Trial Court which came to be dismissed, against which the Applicant had preferred Criminal Revision Application before the leanred Sessions Court Banaskantha at Palanpur vide Criminal Revision Application No. 52 of 2022 which also came to be dismissed vide order dated 3.12.2022 against which the Applicant has preferred the present Application. From the record it appears that the offences registered agaisnt the Applicant are under Section 408 and 114 of the Indian Penal Code. The investigation is over and the charge is also filed and also Considering the fact that the Applicant was already ordered to be enlarged on bail, the Application deserves consideration. This court has also considered the following aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.
(c) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
7. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the Page 2 of 4 Downloaded on : Sat Nov 04 20:39:48 IST 2023 NEUTRAL CITATION R/SCR.A/12619/2023 ORDER DATED: 02/11/2023 undefined case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:
(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court.
(d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess passport, shall file an Affidavit to that effect.Page 3 of 4 Downloaded on : Sat Nov 04 20:39:48 IST 2023
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8. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.
9. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being.
11. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
12. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J) J.N.W / 98 Page 4 of 4 Downloaded on : Sat Nov 04 20:39:48 IST 2023