Jayrajbhai Dohabhai Manjariya vs State Of Gujarat on 5 October, 2020

[Cites 16, Cited by 0]

Gujarat High Court

Jayrajbhai Dohabhai Manjariya vs State Of Gujarat on 5 October, 2020

Bench: Gita Gopi

       R/CR.MA/14223/2020                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 14223 of 2020

==========================================================
                   JAYRAJBHAI DOHABHAI MANJARIYA
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR PRANAV TRIVEDI APP(2) for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 05/10/2020

                             ORAL ORDER

1. Rule. Learned APP wavies service of notice of Rule on behalf of respondent - State.

2. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR No.11193003201320 of 2020 registered with Amreli City Police Station, District-Amreli for offences punishable under sections 188, 419, 420, 465, 468, 471, 384, 193, 511, 120B, 114 and 34 of IPC and Section 42, 43 and 45(12) of the Prison Act.

3. Mr. Ashish M.Dagli, learned advocate for the applicant, submitted that the present applicant is working as a Jail Assistant. The allegation against the applicant was of helping the prisoners to get them sim-cards and mobile phone inside the jail premises. The entire case is based on the electronic evidence and the mobile phone and the sim-cards are seized. As per the record from the mobile phone, which was provided by the applicant, the jail inmates were talking with the family members. Mr. Dagli, Page 1 of 3 Downloaded on : Mon Oct 05 22:23:05 IST 2020 R/CR.MA/14223/2020 ORDER learned advocate submitted that there was no other allegation of misusing the mobile phone for any criminal activities by the inmates. There is no allegation of forging any documents or being instrumental in procuring such false and forged documents, as stated in the FIR. Mr. Dagli stated that the present applicant is facing departmental proceedings and has been suspended from his service. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.

4. Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that the investigation is still in progress. The applicant had provided the mobile phone and sim-cards facility to the inmates for his illegal financial gains and such activities are very rampant in jail premises and thus for a deterrent effect no discretion may be exercised in favour of the applicant at this initial stage.

5. Heard learned advocates on both the sides and perused the material on record. Taking into consideration the allegation against the present applicant and the fact that mobile phone and the sim-cards are seized, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

6. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR No.11193003201320 of 2020 registered with Amreli City Police Station, District-Amreli on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

Page 2 of 3 Downloaded on : Mon Oct 05 22:23:05 IST 2020

            R/CR.MA/14223/2020                                          ORDER




[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 India without prior permission of the concerned
trial court;
[e]       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;

7. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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.

8. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(GITA GOPI,J) Pallavi Page 3 of 3 Downloaded on : Mon Oct 05 22:23:05 IST 2020

Unlock Advanced Research with PRISMAI

Gujarat High Court