The Gujarat High Court passed a judgment in the case of Sanjay Chandra v. Central Bureau of Investigation, where the applicant was granted regular bail. The Court’s decision, based on the law laid down by the Hon’ble Apex Court, is crucial in understanding the nature of allegations in the FIR. This summary explores the implications of granting bail in this case and the conditions attached to it. #LegalCaseSummary #GujaratHighCourt #RegularBail #SanjayChandra
Arguments
- The learned Advocate for the applicant has requested regular bail based on the circumstances of the case.
- The applicant has no reported antecedents and the recovered pistol was not used in any offense.
- The investigation is nearing conclusion.
- The applicant seeks bail under Section 439 of the Code of Criminal Procedure.
- The learned APP for the respondent-State has opposed the grant of regular bail.
Analysis
- The Court heard the advocates for both parties and reviewed the documents.
- Considered the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation.
- Prima facie, deemed it appropriate to grant the applicant regular bail considering the nature of allegations in the FIR.
- The applicant is granted bail upon executing a personal bond of Rs.10,000/- with one surety of the same amount.
- The bail is subject to conditions such as not misusing liberty, not obstructing the investigation, surrendering the passport, not leaving Gujarat without permission, etc.
Decision
- Direct service is permitted.
- Trial Court should not be influenced by preliminary observations regarding evidence made during bail.
- Bail bond to be executed before lower Court with jurisdiction over the case.
- Lower Court may modify conditions as per law.
- Applicant will only be released if not needed in connection with other offences.
- Rule made absolute with above conditions.
- Sessions Judge can issue warrant for breach of conditions.
Case Title: KAMAL ALIAS SHANI ASHWINBHAI SHARMA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9259/2024
