Sanjay Suresh Paradhi vs State Of Gujarat on 22 May, 2020

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Gujarat High Court

Sanjay Suresh Paradhi vs State Of Gujarat on 22 May, 2020

Bench: Sangeeta K. Vishen

        R/CR.MA/6795/2020                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 6795 of 2020

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                            SANJAY SURESH PARADHI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
SUDHIR M KHANNA(7963) for the Applicant(s) No. 1
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                                Date : 22/05/2020

                                 ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with an FIR being CR-I/11205033200102 of 2020 registered before Mundra Marine Police Station, District: Kachchh for the offence punishable under Sections 307, 114, 269, 270 and 188 of the Indian Penal Code and Section 135 of the G.P.Act.

2. Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, 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 reasoned order.

5. Having heard the learned advocates for the respective parties and perusing the material placed on record and taking into Page 1 of 3 Downloaded on : Fri May 22 23:31:22 IST 2020 R/CR.MA/6795/2020 ORDER consideration the facts of the case, the nature of allegations, gravity of offence, role attributed to the applicant-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. This Court, has considered the following aspects: -

(i) the applicant is in jail since 15th April, 2020;

(ii) the order passed by this court in Criminal Miscellaneous Application No.6768 of 2020 in connection with the very same FIR.

6. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being CR-I/11205033200102 of 2020 registered before Mundra Marine Police Station, District: Kachchh 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 learned 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;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;

[f] furnish latest and permanent 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 this Court;

Page 2 of 3 Downloaded on : Fri May 22 23:31:22 IST 2020

R/CR.MA/6795/2020 ORDER [g] not enter into the village Hatadi, Taluka Mundra till filing of the charge sheet.

7. 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. Bail bond to be executed before the learned 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.

8. At the trial, learned 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.

9. Rule is made absolute to the aforesaid extent.

10. This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.

(SANGEETA K. VISHEN,J) Ravi Patel / Pallavi Page 3 of 3 Downloaded on : Fri May 22 23:31:22 IST 2020

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