In a significant legal development, the Gujarat High Court has granted bail to the Applicant in the case of State vs. Applicant concerning FIR No.11200007240508 of 2024. The Court’s decision reflects the importance of timely justice delivery and upholding the rule of law. Stay tuned for more updates on this case. #LegalJustice #GujaratHighCourt
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
- Application filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. No.11200007240508 of 2024.
- The specific part (FAC) of the judgement is focused on the application for bail in the mentioned FIR.
- The application is seeking regular bail for the applicant.
- The FIR is registered with Bhilad Police Station, District Valsad.
- The application is being considered under Section 439 of the CrPC.
Arguments
- Investigation of the present offence is still in progress.
- Offences charged are serious in nature.
- No discretion is required to be exercised based on facts and allegations against the applicant.
- Applicant promised to sell gold ornaments to the first informant but handed over non-gold items.
- Applicant collected Rs. 50,000 from the first informant.
- Applicant has criminal antecedents of similar nature.
- Applicant may be granted regular bail with suitable conditions considering the nature of the offence and attributed role.
Analysis
- The court considered three main factors as per previous decisions of the Hon’ble Supreme Court: prima facie case, availability of the Applicant accused at the time of trial, and tampering with witnesses by the accused.
- The Applicant’s advocate argued that the Applicant Accused is not likely to flee.
- The Applicant has been in custody since 04.04.2024.
- Given the seriousness of the offences and allegations against the Applicant, the application is deemed to be allowed.
- The Supreme Court emphasized the importance of upholding the rule of law in the society.
- The Court highlighted the need for timely disposal of cases, especially those related to economic offences, to maintain public confidence in the judicial system.
- It was observed that lengthy delays in the legal process can have detrimental effects on the morale of investigating agencies and the public perception of the judiciary.
- The judgment laid down guidelines and directions to ensure the expeditious trial of cases involving economic offences.
- The Court stressed the significance of ensuring that justice is not only done but is also seen to be done in a prompt manner.
- The principles outlined in the judgment aimed at streamlining the legal proceedings and preventing undue delays in the administration of justice.
Decision
- The applicant is ordered to be released on bail in connection with the FIR
- The bail amount is set at Rs.10,000 with one surety of the like amount to the satisfaction of the trial Court
- Various conditions are imposed on the applicant for bail including providing contact numbers and surety information, filing an affidavit of immovable properties, surrendering passport if applicable, and not leaving India without permission
- The applicant is prohibited from entering specific areas until the conclusion of the trial
- The Sessions Judge is empowered to take action in case of breach of any conditions
- The Court deems it a fit case to exercise discretion for granting bail without discussing detailed evidence
- The concerned trial Court is directed to not be influenced by the observations made by the Court granting bail
Case Title: ARJUNKUMAR BHIMJIBHAI LAKHMANJIBHAI SOLANKI (DEVI PUJAK) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8736/2024
