Gujarat High Court
Lakshmansinh Khengarsinh Devda vs State Of Gujarat on 31 July, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.A/1589/2023 ORDER DATED: 31/07/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1589 of 2023
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LAKSHMANSINH KHENGARSINH DEVDA
Versus
STATE OF GUJARAT
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Appearance:
MR PADMRAJ K JADEJA(2095) for the Appellant(s) No. 1
MR PRANAV TRIVEDI APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 31/07/2023
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being 11195018210816 of 2021 registered with Dhanera Police Station, District: Banaskatha for offences under Sections 365, 342, 323, 386, 506(2), 120B, 294B of IPC and under Section 376(2)(n) of IPC and section 3(1)(e)(s), 3(2)(5a) and 3(2)(5) of the SC & ST Act.
2. Learned Advocate for the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor, 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 reasoned order.
5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into Page 1 of 3 Downloaded on : Sat Sep 16 23:34:36 IST 2023 NEUTRAL CITATION R/CR.A/1589/2023 ORDER DATED: 31/07/2023 undefined 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) the applicant is in jail since 09.05.2023;
(b) investigation is concluded and chargesheet is filed;
(c) the co-accused persons have already been enlarged on regular bail by the trial court by order dated
07.10.2021 and 14.10.2021 vide CrMA No. 598 of 2021 and CrMA No.613 of 2021, hence on the ground of parity;
(d) trial may take its own time;
(e) as per the say of learned advocate Mr. Jadeja, no antecedents has been reported against the present applicant.
In the facts and circumstances of the present case, I am inclined to consider the case of the present applicants.
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 11195018210816 of 2021 registered with Dhanera Police Station, District: Banaskatha 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 Page 2 of 3 Downloaded on : Sat Sep 16 23:34:36 IST 2023 NEUTRAL CITATION R/CR.A/1589/2023 ORDER DATED: 31/07/2023 undefined 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 State of Gujarat 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 shall 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 Sessions Court to delete, modify and/or relax any of the above conditions, in accordance with 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.
(NIRZAR S. DESAI,J) Radhika Page 3 of 3 Downloaded on : Sat Sep 16 23:34:36 IST 2023