Gujarat High Court
Ravjibhai Valambhai Pagi vs State Of Gujarat on 19 April, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/8853/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 8853 of 2017
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RAVJIBHAI VALAMBHAI PAGI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MS MOXA THAKKAR APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 19/04/2017
ORAL ORDER
1. Heard learned advocate for the applicant and learned A.P.P. for the respondent - State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R.No.I-73 of 2016 registered with Balasinor police station under Sections 379, 467, 468, 471, 472 and 120(B) of the Indian Penal Code and Sections 21(1) and 21(2) of the MMRD Act, 1957.
3. Briefly stated, on 23.08.2016, the complainant alongwith other officers in the govt. vehicle, were on their way from Lunavada to Balasinor and when they reached near Dev Chokadi, a truck-trailor bearing No.GJ-12 VT 3319 came from Balasinor and they found that some white material was loaded in the said truck. Upon inquiry, the driver shown royalty pass dated 23.08.2016 but, he could not produce other material and Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Apr 20 00:34:39 IST 2017 R/CR.MA/8853/2017 ORDER as the complainant suspected about genuineness of the royalty pass, further statements were recorded and inquiry was made and thereafter, it was found that the truck was actually loaded by the petitioner. It was also found that the royalty pass was not genuine and mineral worth Rs.69,250/- for which, the theft has been committed and thus, the F.I.R. came to be filed.
4. Considering the papers of investigation supplied by the learned A.P.P. during the course of hearing, it appears that the documentary evidence is in custody of the Investigating Officer concerned and there is no likelihood or possibility of tampering with the same. The offence alleged against the applicant is triable by the learned Magisterial Court. The State could not ensure that trial would commence and conclude in near future and, therefore, refusal of bail to the applicant would amount to pre-trial conviction which is prohibited under the law. Further, the applicant is well placed in the society and there is no likelihood of fleeing from justice. Therefore, present application deserves consideration.
5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No.I-73 of 2016 registered with Balasinor police station on executing a 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 the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
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R/CR.MA/8853/2017 ORDER
[c] not leave the territory of India without prior permission of the Sessions Judge concerned; [d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend Court concerned regularly.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
6. The competent authority will release the applicant only if the applicant 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 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 Court to delete, modify and/or relax any of the above conditions in accordance with law. 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.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) Hitesh Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Apr 20 00:34:39 IST 2017