In a recent judgement by the Gujarat High Court, a senior citizen was granted bail in a case related to FIR C.R.NO. 11203030230952 of 2023 registered with Keshod Police Station, District Junagadh. The Court considered the legal precedent set by the Supreme Court in the case of Sanjay Chandra v. CBI before ordering the release of the applicant on regular bail. This landmark decision showcases the importance of upholding justice and fair treatment in legal proceedings. #LegalCase #BailGranted #GujaratHighCourt
Facts
- Present application filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- FIR C.R.NO. 11203030230952 of 2023 registered with Keshod Police Station, District Junagadh.
- Learned APP waives service of rule for the respondent-State.
Arguments
- The applicant, who is a senior citizen, has not committed any offence.
- The applicant has been falsely implicated in the alleged offence as they are not named in the FIR.
- Applicant has no criminal antecedent.
- No prima facie case against the applicant.
- Prayer for release on regular bail made by the applicant.
- Opposition to grant of regular bail by the State’s representative, the Learned APP.
- Court heard both parties and examined the documents.
Analysis
- Complainant did not appear despite notice being served
- Allegation of Section 376 IPC not against the applicant
- Applicant’s role was limited to his farm being used for the offense
- Charge-sheet has been filed
- Consideration of the legal precedent set by the Supreme Court in the case of Sanjay Chandra v. CBI
Decision
- The applicant is ordered to be released on regular bail in connection with FIR being C.R.NO. 11203030230952 of 2023 registered with Keshod Police Station, District Junagadh.
- The bail is granted upon executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court.
- Conditions for bail include not misusing liberty, not acting against the prosecution’s interest, not obstructing the police investigation, surrendering passport (if any), not leaving Gujarat without permission, marking monthly presence at the Police Station, providing current address to Investigating Officer and the Court, and refraining from entering the area of Keshod Police Station except for necessary legal purposes.
- The authorities will release the applicant only if not required in connection with any other offense at present.
- The Sessions Judge can issue a warrant or appropriate action if any of the bail conditions are breached.
- The bail bond is to be executed before the lower Court having jurisdiction over the case.
- The concerned Court can modify, relax, or delete any of the conditions as per the law.
- The trial Court should not be influenced by the preliminary observations made by the current Court while granting bail during the trial proceedings.
- The rule is made absolute to the extent mentioned.
- Direct service is permitted for this decision.
Case Title: HARSUKHBHAI MULJIBHAI DELVADIYA Vs. STATE OF GUJARAT
Case Number: R/CR.A/1071/2024
