In a recent judgment by the Gujarat High Court, bail has been granted to an accused involved in the case related to Sola High Court Police Station. The decision follows a detailed examination of the legal aspects surrounding the case. This development marks a crucial step in the legal proceedings pertaining to the matter.
Facts
- Learned APP waived service of notice of Rule on behalf of respondent-State.
- Regular bail application filed under Section 439 of the Code of Criminal Procedure.
- Connected to F.I.R. No.11191045230802 of 2023 at Sola High Court Police Station, District Ahmedabad.
Arguments
- The applicant, who was working as a police personnel, intercepted a vehicle carrying the complainant and his family.
- The applicant demanded a sum of Rs.2 Lakhs from the complainant in exchange for not implicating them in any offences.
- The applicant also threatened the complainant and his family with dire consequences if they did not comply with his demands.
- Considering the nature of the offence and the role attributed to the applicant, the court may grant regular bail with suitable conditions.
- The offences charged are serious in nature
- No discretion needed considering the facts and allegations
- The conduct of the applicant created fear in the general public
Analysis
- The court considered the factors required to be analyzed before granting the application, namely prima facie case, availability of the accused during trial, and potential tampering with witnesses.
- The applicant’s counsel argued that the accused is not likely to flee.
- The applicant has been in custody since August 29, 2023, indicating his presence in the legal process.
- Investigation is completed, and a Chargesheet has been filed, suggesting progress in the case.
- A previous application by the applicant was withdrawn with the option to refile after four months if the trial does not proceed.
- The applicant, along with other accused, allegedly intercepted the complainant’s vehicle while working as police personnel, demanding illegal gratification and issuing threats.
- The appellant in the case, Sanjay Chandra, was the Managing Director of Unitech Limited.
- The appeal was filed against the order of the Delhi High Court which cancelled the bail granted to him.
- The appellant contended that the cancellation of bail was illegal and unjustified.
- The Hon’ble Supreme Court considered the facts and circumstances of the case before delivering its judgment.
- The Court emphasized the importance of personal liberty and the need to balance it with the interests of justice.
- The Court held that cancellation of bail is a serious step and should not be done casually.
- The principles and parameters for cancellation of bail were discussed and reaffirmed by the Court.
- The Court pointed out that prima facie satisfaction of the existence of grounds for cancellation of bail is necessary.
- The Court also highlighted that the appellate Court should refrain from conducting a detailed examination of the evidence at the bail stage.
- Ultimately, the appeal was dismissed by the Supreme Court, upholding the cancellation of bail.
- The Court reiterated that bail is not to be granted as a matter of course and must be based on careful consideration of relevant factors.
- The court considered the nature of the allegations made in the FIR.
- The court exercised its discretion to grant bail based on the facts of the case.
- The court did not delve into the details of the evidence presented.
- The decision to grant bail was made without discussing the evidence extensively.
Decision
- The applicant is ordered to be released on bail in connection with the FIR upon executing a bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court.
- Specific conditions are laid down for the applicant to adhere to while on bail, including refraining from influencing witnesses, maintaining law and order, and providing accurate contact information and address.
- Certain actions like surrendering passport, filing an affidavit about immovable properties, and not leaving India without court permission are mandated.
- The trial court has the authority to modify or relax any of the mentioned conditions as per the law.
- The applicant will only be released if not required in connection with any other offense at the time.
- Prima facie observations in the current order by this Court should not impact the trial proceedings.
Case Title: MUKESHBHAI RAMABHAI CHAUDHARI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8509/2024
