The Gujarat High Court has made a significant decision regarding the bail application in the case registered with Vadodara City ACB Police Station. In a recent judgement, the Court granted bail to the defendant, setting forth specific conditions. This move comes after thorough consideration of the legal aspects, as per the recent investigation papers and allegations. Stay tuned for more updates on this pivotal development. #JudicialSystem #LegalJustice #BailGranted #GujaratHighCourt
Facts
- Learned APP waives service of notice of Rule for and on behalf of respondent – State.
Arguments
- Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail.
- Investigation is already concluded and present application is filed after submission of charge-sheet.
- No recovery pending at the instance of the applicant at this juncture.
- Applicant has been in judicial custody since 22.02.2024.
- Present application filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- The case is registered with Vadodara City ACB Police Station for offences under the Prevention of Corruption Act.
- Learned advocate for the applicant seeks regular bail by imposing suitable conditions.
Analysis
- Learned advocates for both parties have presented their arguments.
- The investigation papers have been reviewed along with the allegations against the applicant and their role in the case.
- The advocates for both parties do not request a further detailed order.
- Considering the facts and statutory provisions, the application is being considered.
- The investigation is complete, and the charge sheet has been filed.
- There are no pending recoveries related to the applicant at this time.
- The applicant has been in jail since 22.02.2024.
- 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.
- Without discussing the evidence in detail, the Court found it to be a fit case for granting regular bail to the applicant.
- The applicant is ordered to be released on regular bail in connection with C.R.No.11194029240001 of 2024 registered with Vadodara City ACB Police Station.
- The applicant must execute a personal bond of Rs.15,000/- with one surety of the like amount to the satisfaction of the trial Court.
- Conditions for bail include not misusing liberty, not acting in a manner injurious to the interest of the prosecution, surrendering passport if any, not leaving the state of Gujarat without prior permission, marking presence before the concerned Police Station on alternate Mondays between 11:00 a.m. and 2:00 p.m., and furnishing the present address of residence.
Decision
- Conditions imposed by the Court for bail are subject to modification
- Direct service allowed
- Sessions Judge can take action in case of breach of conditions
- Investigating Rule made absolute
- Bail bond to be executed before the lower Court
- Trial Court should not be influenced by preliminary observations made by this Court
- Applicant must stay at a fixed residence and not change without permission
- Applicant will only be released if not required in connection with any other offence
Case Title: JIGAR ARVINDBHAI SHAH Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8325/2024
