In a significant decision by the Gujarat High Court, bail has been granted in the case of State v. [Applicant’s Name]. The judgement, which comes after a thorough consideration of the facts and circumstances, sets important precedents in the realm of criminal law. Stay informed about this development by reading the detailed summary of the case below.
Facts
- The present application is filed for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
- The FIR was registered with the Patanvav Police Station, Rajkot for multiple offences under the Indian Penal Code.
- The incident in question occurred on 01.01.2019, with the FIR being lodged on 20.01.2023.
- The applicant was arrested on 20.11.2023 in connection with the incident and has been in judicial custody since then.
- The investigation has been completed, and the chargesheet has been submitted, leading to the filing of the current bail application.
Arguments
- The applicant has expressed willingness to deposit Rs.20,00,000 before the trial court within a year of release.
- The applicant has filed an undertaking to show bonafide.
- The applicant will file another undertaking after release.
- The entire case relies on documentary evidence collected by the Investigating Officer.
- The offences are exclusively triable by the Court of Magistrate.
- The applicant seeks regular bail with suitable conditions due to the nature of the offence.
- The Learned Advocate has made a submission in favor of the applicant’s bail application.
- The Learned APP for the State has opposed the grant of bail citing the gravity of the offence.
- Advocates for the Respondent did not push for a detailed order
- No further legal arguments were made by the Respondent’s representatives
Analysis
- The present application is filed after the chargesheet submission and completion of the investigation.
- The applicant has been in jail since 20.11.2023.
- All offenses are exclusively triable by the Court of Magistrate.
- The prosecution’s case heavily relies on documentary evidence collected during the investigation.
- The applicant has shown willingness to deposit Rs.20,00,000/- without prejudice to his rights and contentions within a year by filing an undertaking.
- The Court considered the law laid down by the Hon’ble Apex Court in the cases of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- The Court did not delve into detailed evidence but found that the nature of the allegations in the FIR warranted the exercise of discretion for granting regular bail to the applicant.
- Based on the facts and circumstances of the case, the Court decided to allow the applicant’s present bail application.
Decision
- The applicant is ordered to be released on regular bail in connection with FIR C.R. No.11213043230270/2023.
- Bail bond of Rs.15,000/- with one surety of the like amount to be executed before the trial court.
- Conditions of bail include not misusing liberty, not acting against prosecution’s interest, surrendering passport, obtaining permission to leave Gujarat, marking presence at the police station, and providing current address of residence.
- The applicant must deposit Rs.20,00,000/- before the trial court in monthly installments of Rs.2,00,000/- and file an undertaking within a week of release.
- The applicant should not change residence without prior permission and will only be released if not required in connection with any other offense.
- If any bail conditions are breached, the Sessions Judge is authorized to issue warrants or take appropriate actions.
Case Title: NAVNEETBHAI KANTILAL RAMANI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8357/2024
