In a recent ruling by the Gujarat High Court, bail has been granted to the applicant in connection with FIR Case C.R. No. 11200010232089/2023. The Court, after considering the laws laid down by the Hon’ble Apex Court, exercised its discretion to release the applicant on regular bail. The judgement comes after the completion of the investigation in the case, which is exclusively triable by the Court of Magistrate. Stay tuned for more details on the conditions imposed by the Court. #GujaratHighCourt #LegalJudgement #BailGranted
Facts
- The incident in question took place on 04.11.2023, leading to the filing of an FIR on the same day
- The applicant was arrested on 05.11.2023 in connection with the incident and has been in judicial custody since then
- The investigation has been completed and the chargesheet has been submitted
- The present application for regular bail under Section 439 of the Code of Criminal Procedure is filed in relation to FIR C.R. No. 11200010232089/2023 at Valsad Town Police Station
- The offence in question is punishable under Sections 199, 200, 406, 420, 465, 467, 468, and 471 of the Indian Penal Code
Arguments
- Learned advocate argued that the wife of the applicant has submitted a representation to the police authority detailing the incident but it has not been considered yet.
- A writ petition was filed leading to a direction to decide the representation, which remains pending till date.
- Request made for bail due to the nature of the offense being triable exclusively by the Court of Magistrate.
- No involvement of the applicant in the alteration of documents by cousin brother, with no monetary benefits received.
- Learned advocates for the respective parties did not request further reasoning in the order.
- The learned APP for the respondent-State opposed the grant of regular bail citing the serious nature of the offence.
- It was argued that the role of the applicant is clearly outlined in the chargesheet and hence bail should not be granted.
Analysis
- The present application is preferred after the submission of the chargesheet.
- The investigation is completed, and the applicant has been in jail since 05.11.2023.
- All offenses are exclusively triable by the Court of Magistrate.
- The entire case of the prosecution relies on documentary evidence collected by the investigating officer.
- There is no possibility of tampering with the collected documentary evidence.
- The Court considered the laws laid down by the Hon’ble Apex Court in the cases of Sanjay Chandra v. Central Bureau of Investigation [2012] 1 SCC 40 and Satender Kumar Antil v. Central Bureau of Investigation & Anr. (2022) 10 SCC 51.
- Without delving into the evidence extensively, based on the nature of allegations in the FIR, the Court believes it is appropriate to grant regular bail to the applicant.
- It was concluded that the applicant should be enlarged on regular bail, exercising the Court’s discretion.
Decision
- Applicant ordered to be released on regular bail in connection with FIR C.R. No. 11200010232089/2023.
- Required to execute a personal bond of Rs.15,000/- with one surety of the same amount to the satisfaction of the trial Court.
- Conditions to be followed include not misusing liberty, not acting against prosecution, surrendering passport, obtaining permission to leave Gujarat, marking presence at Police Station monthly, and informing the Court of any change of residence.
- Applicant will be released only if not required for any other offence.
- Trial Court should not be influenced by preliminary observations made by the Court during bail granting.
- Breaching conditions may lead to warrant issuance by the Sessions Judge.
Case Title: RAMESHBHAI CHOTUBHAI PATEL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8398/2024
