In a recent development, the Gujarat High Court has granted bail to Sanjay Chandra in connection with a case involving serious allegations. The court’s decision comes after thorough consideration of the facts and circumstances surrounding the case. Strict conditions have been imposed to safeguard the integrity of the legal process. Stay tuned for more updates on this significant legal development.
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
- The application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. No.11209041240159 of 2024 registered with Prantij Police Station, District Sabarkantha.
Arguments
- The offences charged against the applicant are serious in nature.
- No discretion is required to be exercised considering the facts and allegations.
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- bottles of contraband liquor worth Rs.1,67,600/- were seized from the vehicle driven by the applicant.
- There are five other antecedents similar in nature against the applicant.
- The investigation is completed and the Charge-sheet has been filed.
- The applicant may be granted regular bail with suitable conditions based on the nature of the offence and role attributed to the applicant.
Analysis
- The court considered three main factors required to be analyzed: prima facie case, availability of the Applicant accused at the time of trial, and tampering with witnesses by the accused.
- The Applicant’s lawyer argued that the accused is not likely to flee, but given the seriousness of the offense, the application should be allowed.
- Sanjay Chandra, Managing Director of Unitech Ltd., was arrested in connection with a scam.
- The company failed to deliver flats to buyers and misappropriated funds.
- The Supreme Court ruled that Chandra would remain in judicial custody until the trial was completed.
- Chandra appealed for bail but was denied by the court.
- The court held that the seriousness of the crime and the need for a fair trial justified denying bail.
Decision
- The concerned Court has the authority to modify or relax any of the bail conditions as per the law.
- The trial Court should not be influenced by the prima facie observations made by the present Court in the bail order.
- The accused has been in custody since 02.03.2024 and will only be released if not required in connection with any other offense.
- If any of the bail conditions are breached, the Sessions Judge can issue a warrant or take appropriate action.
- The accused must provide an affidavit listing their immovable properties before the Trial Court.
- The accused cannot leave India without permission and must surrender their passport to the Trial Court if they have one.
- The Court has granted bail to the applicant based on the nature of allegations without going into details of the evidence.
- The applicant is ordered to be released on bail upon executing a bond of Rs.10,000/- with one surety of the like amount.
- Various conditions are imposed on the accused, including not tampering with evidence, maintaining law and order, providing correct contact information, and not changing residence without permission.
Case Title: VIJAYPAL DEVILAL MEENA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9002/2024
