The Gujarat High Court has recently issued a significant judgment granting bail in connection with a Prohibition Act offence. The case, involving allegations under various sections of the Prohibition Act, saw the applicant seeking regular bail after the chargesheet submission. The Court considered the role of the applicant alongside the completed investigation and the nature of the allegations. This decision follows legal precedents and highlights the factual aspects of the case. Stay informed about this important legal development.
Facts
- Application filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with FIR
- Offence punishable under various sections of the Prohibition Act
- Incident took place on 09.06.2023, FIR lodged on the same day, applicant arrested on 28.03.2024
- In judicial custody since arrest
- Investigation completed, chargesheet submitted
- Application filed after submission of chargesheet
Arguments
- The petitioner requests for bail based on the nature of the offence and the penal provisions mentioned in the statute.
- They argue for bail based on the principle of parity.
- The prosecution, represented by the APP, opposes the bail application citing the seriousness of the offence.
- The role of the present applicant is clearly outlined in the chargesheet
- The application may not be entertained due to the explicit explanation of the applicant’s role
- The papers of the chargesheet detail the responsibilities and involvement of the present applicant
Analysis
- Learned advocates representing both parties did not request for a further reasoned order.
- All offenses are exclusively triable by the Court of Magistrate.
- The application was filed after the chargesheet submission, with the investigation completed and the applicant in jail since 28.03.2024.
- The role played by the applicant was considered alongside the allegations.
- The co-accused has already been addressed by the Coordinate Bench of this Court.
Decision
- The applicant is ordered to be released on regular bail in connection with the FIR being C.R. No. 11993006230589/2023.
- A personal bond of Rs. 15,000/- with one surety of the like amount is to be executed to the satisfaction of the trial Court.
- Conditions include not misusing liberty, not acting in a manner injuries to the interest of the prosecution, surrendering passport if any, not leaving the State of Gujarat without prior permission, marking presence at the police station on alternate Mondays for six months, and informing about any change of residence.
- The applicant will be released only if not required in connection with any other offence at the time.
- The concerned Court is permitted to modify or relax the conditions as per the law.
- The discretion to grant bail is exercised based on the allegations made against the applicant in the FIR, without discussing the evidence in detail.
- The applicant’s role at the time of the crime and compared to the co-accused has been considered in granting bail.
- The judgment cites legal precedents from cases such as Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- The bail is granted considering the factual aspects of the case and the nature of allegations against the applicant.
Case Title: MAYURSINH BACHUBHA ZALA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/10706/2024
