In a recent judgment by the Gujarat High Court, regular bail has been granted to the proposed receiver in connection with FIR 11821014240144 of 2024. This decision marks a significant development in the case, bringing relief to the applicant and setting a precedent for future legal proceedings. Stay tuned for more updates on this case! #LegalVictory #GujaratHighCourt
Arguments
- Ms. Patel, representing the respondent-State, opposes regular bail due to the nature and gravity of the offence.
- The application is for regular bail under Section 439 of the CrPC before the charge-sheet is filed for an offence under the Prohibition Act.
- Mr. Soni, on behalf of the applicant, argues that bail should be granted considering the nature of the offence.
- No further reasoned order is requested by the Advocates representing the parties.
Analysis
- Investigation over as reported by the learned APP
- Offence triable by Magistrate
- Applicant is a proposed receiver
- One co-accused, Satishbhai Amarsinh Damor granted anticipatory bail
- Other co-accused granted regular bail with recovery of muddamal from his possession
- The present application is allowed.
- The applicant is ordered to be released on regular bail in connection with FIR being 11821014240144 of 2024 registered with Dhanpur Police Station, Dahod.
- 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 the bail include not misusing the liberty, not acting against the interest of the prosecution, surrendering the passport, seeking permission before leaving India, marking presence at the Police Station between 1 to 10 day of every English calendar month, and updating the address of residence.
- The applicant will only be released if not required in connection with any other offence at that time.
Decision
- Sessions Judge is empowered to issue warrant upon any of the mentioned conditions being committed
- Bail bond to be executed before lower Court with jurisdiction over the case
- Concerned Court can modify or relax conditions as per the law
- Trial Court should not be influenced by prima facie observations made by the Court
- The present Court is inclined to consider the case of the applicant
- Rule is made absolute to the extent mentioned in the order
- Direct service is permitted
Case Title: RAHULBHAI GULABBHAI PARMAR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9670/2024
