In a landmark decision, the Gujarat High Court has granted bail to the accused in C.R. No.11189003212003 of 2021. This judgment marks a pivotal moment in the legal battle, showcasing the court’s adherence to justice and fairness. Stay tuned for more updates on this significant development in criminal law.
Facts
- Application filed for regular bail under Section 439 of the CrPC.
- FIR registered against the applicant for various offences.
- Applicant arrested on 24.09.2021 and in jail since then.
- Investigation completed, charge-sheet filed.
- Sections under which the applicant-accused charged include 302, 307, 323, 341, 427, 143, 147, 148, 149, 120(b), 34 of IPC, Section 25(1-B) of Arms Act, Section 135 of G.P. Act, Sections 3(1), 3(2), 3(4) of GUJCTOC Act.
Arguments
- Applicant was standing with a wooden log at the time of the crime, but did not inflict any blow with it.
- Complainant’s account is based on hearsay evidence received from eyewitnesses.
- The injuries on the deceased were caused by firearms, not by the wooden log.
- No weapon was recovered from the applicant-accused.
- Other co-accused with similar or graver roles have been granted bail.
- Applicant has been in jail for over two and a half years since his arrest in September 2021.
- Request made by advocate Mr. Shah for the applicant to be considered for bail based on these points.
- The learned APP representing the State has opposed regular bail due to the nature and gravity of the offence.
- Investigation is complete and charge-sheet filed.
- Similar or more significant co-accused have been granted bail by the Court.
- No recovery of alleged weapon at the applicant’s instance.
- Applicant has been in jail since 24.09.2021.
- Consideration of the period already spent in incarceration.
- Reference to the law laid down by the Supreme Court in the case of Sanjay Chandra v. Central Bureau of Investigation.
- Court’s opinion that the case warrants regular bail without delving into detailed evidence.
- APP’s argument against the exercise of discretionary power in favor of the applicant.
- Advocates for both parties do not seek a further reasoned order.
- Court’s review of investigation papers, the allegations, and the applicant’s role.
Decision
- The applicant is allowed and ordered to be released on regular bail in connection with the FIR C.R. No.11189003212003 of 2021
- Bail amount set at Rs.15,000/- with one surety of the same amount
- Conditions for bail include not misusing liberty, not acting in a manner against prosecution, surrendering passport, not leaving Gujarat without permission, marking presence at Police Station monthly, and providing current address to Investigating Officer
- Applicant will only be released if not required in connection with any other offence
- Sessions Judge can issue warrant for breach of bail conditions
- Bail bond to be executed before lower Court with jurisdiction to try the case
- Court can modify or relax bail conditions according to law
- Trial Court should not be influenced by preliminary observations made by the Court while granting bail
- Rule is made absolute to the specified extent
- Direct service of the judgement is permitted
Case Title: RAMIZ HUSSAIN CHANIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/11270/2024
