In a recent landmark judgment by the Gujarat High Court, bail has been granted to the State in a case involving the recovery of funds. The Court’s decision comes after careful consideration of factors such as prima facie evidence and the accused’s likelihood to tamper with witnesses. This ruling, which aligns with past Supreme Court decisions such as Sanjay Chandra v. C.B.I., sets a precedent for similar cases in the future.
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
Arguments
- Offences charged are serious in nature
- Facts and allegations against the applicant do not require discretion in granting bail
- The applicant had an active role in the commission of the alleged offence
- Rs.8 Lakhs out of Rs.98 Lakhs was deposited in the applicant’s account and recovered
Analysis
- The amount deposited in the account of the present applicant has been recovered from the applicant.
- The applicant deposited Rs. 8 Lakhs out of Rs. 98 Lakhs in his account.
- The role attributed to the present applicant involves the recovery of the deposited amount.
- Three main factors to be considered by the court are prima facie case, the availability of the accused at the time of trial, and tampering with witnesses.
- The applicant’s advocate contends that the accused is not likely to flee, considering the received amount and available evidence.
- The court has reviewed past Supreme Court decisions indicating that the investigation is complete and a Charge-sheet has been filed.
- The Hon’ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40 laid down the law.
- Considering the nature of allegations in the FIR, the court finds it a fit case to grant bail.
- The applicant is ordered to be released on bail upon executing a bond of Rs. 10,000/- with one surety of the like amount.
- Conditions include not influencing witnesses or tampering with evidence, maintaining law and order, and refraining from criminal activities.
Decision
- The applicant has been in custody since 24.11.2023.
- The applicant must provide contact numbers and the contact numbers of the sureties to the Trial Court.
- In case of any change in the contact numbers, the applicant must inform the Trial Court immediately in writing.
- The applicant shall not leave India without prior permission from the Trial Court.
- If the applicant has a passport, it must be surrendered to the Trial Court within a week.
- The applicant must file an affidavit stating immovable properties, whether self-acquired or ancestral, with their description, location, and present value to the Trial Court.
- The authorities will release the applicant only if he is not required in connection with any other offence.
- The Sessions Judge has the authority to issue a warrant or take appropriate action in case of breach of any of the conditions.
- The concerned Court can modify, delete, or relax any of the conditions as per the law.
- The trial Court should not be influenced by the prima facie observations made in the current order during the trial.
- The applicant must provide documentary proof of complete, correct, and present address of residence to the Investigating Officer and the Trial Court.
- The applicant shall not change residence without prior permission from the trial Court.
- If the accused does not possess a passport, an affidavit to that effect must be filed.
- The bail bond should be executed before the lower court having jurisdiction to try the case.
- Direct service is permitted in this case.
Case Title: PRADIPSINH VIKRAMSINH JADEJA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9278/2024
