Gujarat High Court
Vijay @ Piyush Mafabhai Monabhai ... vs State Of Gujarat on 3 February, 2025
NEUTRAL CITATION
R/CR.A/2758/2024 ORDER DATED: 03/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2758 of 2024
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VIJAY @ PIYUSH MAFABHAI MONABHAI VAGHELA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
O I PATHAN(7684) for the Appellant(s) No. 1
DHAVAL A PARMAR(7780) for the Opponent(s)/Respondent(s) No. 2
MR HK PATEL, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 03/02/2025
ORAL ORDER
1. Heard learned advocate or the appellant and learned APP for the respondent - State.
2. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
3. Present appeal is filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the judgment and order dated 17.09.2024 passed by the leaned Additional Sessions Judge, Court No.16, City Civil Court, Ahmedabad in Criminal Misc. Application No. 6726 of 2024, whereby the learned Additional Sessions Judge rejected the application filed by the present appellant under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") seeking regular bail in connection with FIR being C.R.No.11191039230134 of 2023 registered with Sabarmati Page 1 of 7 Uploaded by KUMAR ALOK(HC01091) on Tue Feb 04 2025 Downloaded on : Tue Feb 04 22:14:28 IST 2025 NEUTRAL CITATION R/CR.A/2758/2024 ORDER DATED: 03/02/2025 undefined Police Station, Ahmedabad, for the offences punishable under Sections 302, 143, 147, 149, 338, 337, 323, 294(b) and 506(2) of the IPC, Section 135 of the GP Act and under Sections 3(1) (r) (s) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
4. Learned advocate for the appellant has submitted that the appellant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the appellant and nature of the allegations, the appellant is required to be enlarged on regular bail by imposing suitable terms and conditions.
4.1. Learned advocate for the applicant has submitted that earlier application came to be filed and direction was given to expedite the trial, but no substantial progress being made and matter is prolonged. The co-accused is released on bail. On the ground of parity, the present appeal deserves consideration. The allegations against the present appellant is that he has pelted the stone. He is in jail since 16.03.2024. Considering the delay in the trial, the present application may be allowed. Therefore, no purpose would be served to keep him behind the bar for long time. He is ready and willing to abide by all the conditions imposed upon him.
5. On the other hand, learned APP and original-complainant have vehemently opposed the present appeal and submitted that present appellant is not entitled to claim the benefit of parity as he has inflicted the fatal blow and he has made an assault by Page 2 of 7 Uploaded by KUMAR ALOK(HC01091) on Tue Feb 04 2025 Downloaded on : Tue Feb 04 22:14:28 IST 2025 NEUTRAL CITATION R/CR.A/2758/2024 ORDER DATED: 03/02/2025 undefined stick on the back side of head. Due to this the deceased succumbed to death. Considering the severity of punishment and the role attributed to the present appellant as he is facing the charge of Section 302 of Indian Penal Code, 1860. It appears that allegations are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the appellant, no discretion would be required to be exercised.
6. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
7. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, the investigation is over and charge-sheet has Page 3 of 7 Uploaded by KUMAR ALOK(HC01091) on Tue Feb 04 2025 Downloaded on : Tue Feb 04 22:14:28 IST 2025 NEUTRAL CITATION R/CR.A/2758/2024 ORDER DATED: 03/02/2025 undefined been filed. Following aspects have been considered:
(i) appellant is arrested on 16.03.2023;
(ii) Commencement of trial will take its own time;
(iii) offence is not punishable with life or death;
(iv) nothing is required to be recovered and discovered from the appellant;
(v) It is an undisputed and an admitted fact that the successive bail applications were dismissed as there was no change in the circumstances. The present appellant is facing the serious charge under Section 302 of the Indian Penal Code, 1860, as the offence is of a serious nature. At the same time, this Court has considered the fact that an earlier bail application was filed and dismissed, and Criminal Appeal (for regular bail) No. 2816 of 2023 was filed before this Court. The Co-ordinate Bench of this Court passed an order to expedite the trial. Earlier, on 07.03.2024, the Co-ordinate Bench of this Court had called for a report from the concerned Trial Court, and upon perusing the said report, it was noticed that the Presiding Officer was transferred to Navsari, and therefore, the trial was not expedited.
Considering the aforesaid facts and the fundamental right of the accused to a speedy trial, the Court directed that the matter be placed before the appropriate Court having jurisdiction to conduct the trial. Without expressing any opinion, the matter was dismissed with a direction to expedite the trial. On 7th March 2024, the remarks were called for again on 23.12.2024. Pursuant to the said order, Court No. 16, the learned Additional Page 4 of 7 Uploaded by KUMAR ALOK(HC01091) on Tue Feb 04 2025 Downloaded on : Tue Feb 04 22:14:28 IST 2025 NEUTRAL CITATION R/CR.A/2758/2024 ORDER DATED: 03/02/2025 undefined Sessions Judge, has submitted a report. Upon perusing the report, it appears that the trial is progressing at a very slow pace, and out of 66 witnesses, only 9 have been examined by the prosecution;
8. In view of the law laid down in the cases of (i) Amar Sadhuram Mulchandani Vs. Directorate of Enforcement, 2024, (ii) Mohd. Muslim @ Hussain Vs. State (NCT of Delhi), reported in AIR 2023 SC 1648 and (iii) Union of India Vs. Najeeb, reported in 2021 (3) SCC 713, as well as considering other aspects like long incarceration period of the applicant, gravity of offence and as trial is prolonged since long, bail can be granted to the accused as speedy trial is right of the accused under Article 21 of the Constitution of India. Hence, present application deserves consideration.
8.1. 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 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.
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9. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant in the FIR, 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 appellant on regular bail. Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R.No.11191039230134 of 2023 registered with Sabarmati Police Station, Ahmedabad , on executing a personal bond of Rs.25,000/- (Rupees Twenty-five 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 injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave State of Gujarat without prior permission of the Sessions Judge concerned;
[e] furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and 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 address as well as contact number without prior permission of Trial Court;
[f] 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.;
[g] not enter into the Sabarmati Police Station area till the material witnesses are examined, except for marking presence before the concerned police Station and attending the court proceedings/trial;
Page 6 of 7 Uploaded by KUMAR ALOK(HC01091) on Tue Feb 04 2025 Downloaded on : Tue Feb 04 22:14:28 IST 2025NEUTRAL CITATION R/CR.A/2758/2024 ORDER DATED: 03/02/2025 undefined [h] not contact directly or indirectly with the complainant or any other witnesses;
10. The authorities will release the appellant 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.
11. 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 observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the appellant on bail.
13. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 7 of 7 Uploaded by KUMAR ALOK(HC01091) on Tue Feb 04 2025 Downloaded on : Tue Feb 04 22:14:28 IST 2025