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Gujarat High Court

Jayesh Sureshbhai Bagda vs The State Of Gujarat on 2 December, 2020

Author: A. S. Supehia

Bench: A.S. Supehia

         R/CR.MA/15372/2020                                      ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/CRIMINAL MISC.APPLICATION NO. 15372 of 2020
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                          JAYESH SURESHBHAI BAGDA
                                   Versus
                            THE STATE OF GUJARAT
================================================================
Appearance:
BHAVIN B THAKAR(9371) for the Applicant(s) No. 1
MS. SHRUTI PATHAK, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                      Date : 02/12/2020
                       ORAL ORDER

1. Heard the learned advocates for the respective parties through video conferencing.

2. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as I-C.R.No.62 OF 2015 with Paddhari Police Station, District Rajkot for the offences punishable under Sections 307 and 302 of the Indian Penal Code, 1860 (IPC) and under Section135(1) of the Gujarat Police Act, etc.

3. Learned advocate for the applicant has submitted that the allegations made against the applicant are vague and he has been falsely implicated in the alleged offence. He has further submitted that the applicant is in jail since last five years. He has also submitted that the prosecution case is based on minor witness (age about 8 years), who has been not examined till date, who happens to be the nephew of the deceased. He has submitted that the intention of the applicant is not to kill the deceased because the fight occurred due to sudden provocation between them.

4. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

R/CR.MA/15372/2020 ORDER

5. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-

i) That the applicant has undergone almost five years of sentence;

ii) The investigation is concluded and the charge-sheet is filled;

iii) Prima facie it appears that the intention of the applicant was not to kill the deceased because the fight occurred due to sudden quarrel when the alleged incident taken place between the applicant and the deceased;

This Court has taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, [2012] 1 SCC 40.

7. Having regard to the above submissions and in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the FIR, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of bail and, since there is no possibility of tampering with the evidence as charge-sheet is already submitted. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach.

8. Further I do not intend to go into the merits of the matters and I am persuaded to exercise my discretion in favour of the applicant. The investigation is over and the charge-sheet has already been filed and the trial would take a considerable long period of time.

R/CR.MA/15372/2020 ORDER

9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.62 of 2015 with Paddhari Police Station, District Rajkot on executing personal bond of Rs.10,000/- (Ten Thousand) with one surety of 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 injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport(s), if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the 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 without prior permission of Trial Court;

(g) shall not enter into Paddhari taluka, District Rajkot

10. The authorities 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.

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.

R/CR.MA/15372/2020 ORDER

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 applicant on bail.

13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

14. Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode.

15. Learned advocate for the applicant is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court through Fax message, email and/or any other suitable electronic mode.

                                                                  Sd/-     .
                                                          (A. S. SUPEHIA, J)
NEHA GUPTA ///VishalMishra




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