Gujarat High Court
Shaileshbhai Vishnubhai Solanki ... vs State Of Gujarat on 16 January, 2023
Author: Samir J. Dave
Bench: Samir J. Dave
R/CR.MA/403/2023 ORDER DATED: 16/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 403 of 2023
==========================================================
SHAILESHBHAI VISHNUBHAI SOLANKI (THAKOR)
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 16/01/2023
ORAL ORDER
1. Rule returnable forthwith. Leaned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present bail application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No. I- 11192064220162 of 2022 registered with Dholka Police Station, District Ahmedabad Rural for the offence punishable under Sections 302, 201, 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
3. 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. That, investigation of the present Page 1 of 4 Downloaded on : Tue Jan 17 20:55:15 IST 2023 R/CR.MA/403/2023 ORDER DATED: 16/01/2023 offence has been completed and the investigating officer has filed charge sheet against the present applicant. That, applicant is not named in the FIR but subsequently, he was to be made for remand. That, the applicant is falsely involved in the present offence. During the investigation, nothing has been found adverse against the present applicant. That, the allegations levelled against the applicant are just vague as the applicant is not directly involved in the said offence. That, the entire story narrated in the FIR is doubtful. That apart from the role alleged, there is no allegation against the present applicant. That, the applicant is ready and willing to cooperate the investigating officer and ultimately, learned advocate for the applicant has requested to enlarge the applicant on regular bail.
4. 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. That, the applicant is involved in the serious offence as alleged and therefore, no leniency view would be taken in favour of the applicant while releasing him on bail. That, after completing the offence and finding sufficient evidences against the applicant, the charge sheet has been filed against the present applicant. Ultimately, it was submitted by learned APP for the Page 2 of 4 Downloaded on : Tue Jan 17 20:55:15 IST 2023 R/CR.MA/403/2023 ORDER DATED: 16/01/2023 respondent-State to reject present application.
5. Having heard learned advocate for the applicant and learned APP for the respondent-State as well as papers produced on record, it appears that while passing order of rejecting regular bail application of the applicant, learned trial court has observed that the applicant is in judicial custody since 16.06.2022. It appears from the observations made by learned trial court in rejecting the bail application that the blood group of the deceased is found on the weapon used by the applicant in the offence and DFS Gandhinagar has issued certificate mentioning or reflects that in the voice spectrography test, the voice of the applicant is found wherein conversation between the applicant and child in conflict with law are found and in this case, the weapon knife was thrown in the lake and they both had gone on the same motor cycle for filling the petrol on their vehicle and CC TV footage thereof have been taken.
6. Learned trial court while rejecting bail application of the applicant observed that because of only filing charge sheet against the applicant, it cannot be considered the change of circumstances and ultimately, learned trial court has rejected the request of the present applicant.
7. While considering the aforesaid observations and Page 3 of 4 Downloaded on : Tue Jan 17 20:55:15 IST 2023 R/CR.MA/403/2023 ORDER DATED: 16/01/2023 considering the averments made by the applicant, it appears that the allegation against the applicant is regarding the grievous offence and this court is fully in agreement with the observation of the learned trial court that filing of charge sheet cannot become the ground of change of circumstances. Because, as per opinion of this court, the court has to always consider the gravity of the offence, role of the accused and involvement of the applicant in commission of offence.
8. Definitely, this court is fully aware with the rule of bail but similarly aware with the guidelines issued by the Hon'ble Apex Court while deciding the bail application of the applicant wherein one most aspect is to consider about the gravity of offence and in the present case, as per the observations made by learned trial court on the basis of the affidavit filed by the investigating officer, the allegations against the present applicant is having gravity and therefore, the prayer of the applicant is liable to be rejected.
9. With aforesaid observations, present application stands rejected and accordingly stands disposed of.
Rule stands discharged.
(SAMIR J. DAVE,J) K. S. DARJI Page 4 of 4 Downloaded on : Tue Jan 17 20:55:15 IST 2023