Discover the Gujarat High Court’s decision on the bail application of Pariben Soni, who was one of the accused in the case involving FIR CR No.11210015230104 at DCB Police Station, Surat. The court granted bail with specific conditions and undertakings in view of the completed investigation and settlement outside of court. Stay informed about the intricacies of this legal case. #LegalUpdate #GujaratHighCourt #BailApplication
Facts
- The present bail application is filed under Section 439 of the Code of Criminal Procedure, 1973, in connection with FIR C.R. No.11210015230104 of 2023 at DCB Police Station, Surat.
- The FIR accuses the applicant, their husband, and brother of offences under Sections 409, 420, 120(B), and 114 of the Indian Penal Code.
- The learned advocate for the applicant has mentioned that the charge-sheet has been submitted and the investigation is complete.
- The learned APP representing the respondent-State has waived the service of notice of rule.
- The applicant’s counsel has stated that the complainant has lodged the FIR against the applicant, their husband, and brother.
Arguments
- The wife of the present applicant-accused, who is accused no.2, has been enlarged on anticipatory bail due to pregnancy.
- The offences in question are exclusively triable by the court of Magistrate.
- The FIR was lodged on 12.07.2023 for incidents that allegedly took place between January 2022 to December 2022.
- The FIR names a total of 3 accused persons with the present applicant at serial no.1.
- The learned advocates do not press for further reasoned order.
- The investigation is already concluded, and the documents relied upon have been collected by the IO.
- The possibility of tampering with the documents is considered low as the investigation is completed.
- The matter has been amicably settled between the parties outside of court, with the wife of the applicant-accused filing an undertaking.
- The specific role of the present applicant is clearly defined in the charge-sheet.
- The complainant has settled the matter and has no objection to the bail application of the present applicant.
- The advocate for the applicant requests bail considering the applicant’s attributed role and with suitable terms and conditions.
- The learned APP for the State opposes regular bail due to the nature and gravity of the offence.
Analysis
- Investigation completed and charge-sheet filed.
- Offences triable by Magistrate court.
- Reliance on documents collected during investigation.
- Matter settled amicably outside court with wife filing undertaking.
- Reference to the case law of Sanjay Chandra v. CBI.
- No detailed discussion on evidence, but prima facie fit for bail.
- Applicant granted bail on conditions like not misusing liberty, surrendering passport, marking presence at Police Station, depositing specific amount, etc.
- Authorities to release applicant if not involved in any other offence.
- Breaching conditions may lead to warrant or appropriate action by Sessions Judge.
- Trial Court not influenced by preliminary observations of bail decision.
- Court may modify or relax conditions as per law.
Decision
- Pariben w/o. Sanjaykumar Bhimjibhai Soni, aged 27, residing at 138, Pink City Society, Ranakpur Road, near Jalaram Temple, Deesa, undertakes to deposit Rs.79,85,000/- before the Trial Court in Surat if the applicant is released on bail.
- The deposit will be made within 3 months from the date of the applicant’s release on bail.
- The amount deposited will be invested in a fixed deposit by the trial court and will not be disbursed to the complainant or any witness person.
- The deposit is without prejudice to any right and contentions in the case and will be subject to the outcome of the final decision in the trial.
- An agreement has been reached with the complainant that on the release of the applicant on bail, Pariben will issue cheques totaling Rs.99 lakhs towards the settlement of the dispute.
Case Title: SANJAYKUMAR BHIMJIBHAI SONI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7816/2024
