In a significant development, the Gujarat High Court has granted bail to Sanjay Chandra, the Managing Director of a real estate company, in the 2G spectrum scam case. This decision comes after the trial court and the High Court rejected his bail application, emphasizing the gravity of the allegations and the alleged involvement in the scam. The bail order includes various conditions to ensure the applicant’s presence during trial proceedings. #LegalJustice #HighCourt
Facts
- Learned APP waived service of notice of Rule on behalf of the respondent-State.
Arguments
- The offences charged against the applicant are serious in nature
- The allegations levelled against the applicant are significant
- No discretion is required to be exercised based on the facts and allegations
- The respondent State vehemently asserts that the applicant attempted to molest a 16-year-old victim
- Active participation of the applicant in the commission of the offence is highlighted
- The advocate for the applicant contends that the applicant is not likely to flee
- The nature of the offence and role attributed to the applicant are crucial factors
- The applicant may be granted regular bail with suitable conditions as per the advocate for the applicant
Analysis
- The investigation is complete and the charge-sheet has been filed.
- The allegation against the applicant is inappropriate touching and kissing of the prosecutrix.
- No other overt act has been attributed to the applicant.
- The present application is deserving of consideration based on the allegations.
- Three factors required to be considered are prima facie case, availability of the accused at the time of trial, and tampering with witnesses.
- The court has considered these aspects in the present case.
- The accused, Sanjay Chandra, was the Managing Director of a real estate company
- He was alleged to be involved in the 2G spectrum scam case
- The trial court denied him bail on the ground that the gravity of the crime and the huge loss to the public exchequer warranted his detention
- The High Court also rejected his bail application
- Sanjay Chandra then approached the Supreme Court seeking bail
Decision
- The applicant is ordered to be released on bail in connection with the mentioned FIR.
- The bail amount is set at Rs.10,000/- and requires one surety of the same amount.
- Various conditions are imposed on the applicant upon release, including providing information about immovable properties, surrendering passport if any, and not leaving India without court permission.
- The trial court has the authority to modify or relax any of the imposed conditions as per the law.
- The trial court should not be influenced by any observations made by the higher court in this order.
- The applicant must not tamper with evidence or indulge in criminal activities, and needs to provide accurate contact details and address information to the Investigating Officer and Trial Court.
- If the accused does not possess a passport, they must file an affidavit to that effect.
Case Title: CHAVDA SHAILESHKUMAR ISHVARSINH Vs. STATE OF GUJARAT
Case Number: R/CR.MA/10729/2024
