In a significant development, the Gujarat High Court has granted bail in the passport forgery case under Section 439 of the Code of Criminal Procedure. The case pertains to F.I.R. No. 11191046220595 of 2022 registered with Airport Police Station, District Ahmedabad. With the completion of the investigation and filing of the charge-sheet, the court deemed the application deserving of being allowed. Stay tuned to learn more about the judgment and its implications.
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
- Application filed under Section 439 of the Code of Criminal Procedure for regular bail.
- Bail application pertains to F.I.R. No. 11191046220595 of 2022 registered with Airport Police Station, District Ahmedabad.
Arguments
- Learned advocate for the applicant argues for regular bail with suitable conditions given the nature of the offence and role attributed to the applicant.
- The learned APP for the respondent State strongly opposes bail, citing the serious nature of the charged offences and the allegations against the applicant.
Analysis
- Investigation is complete and Charge-sheet has been filed
- The applicant is accused of forging a passport of a co-accused who was found carrying a forged passport
- The statements of the husband of another co-accused present two different stories
- Considering these facts, the present application is deemed deserving of being allowed
- The court considered the three factors required for bail: prima facie case, availability of the accused at trial, and tampering with witnesses.
- The applicant accused has been in custody since 15.12.2023.
- Referring to the Sanjay Chandra v. C.B.I. case, the court found it to be a fit case for granting bail.
- The applicant is ordered to be released on bail upon execution of a bond of Rs.10,000 with one surety of the like amount.
- Various conditions are imposed on the applicant, such as not influencing witnesses, maintaining law and order, providing contact details, disclosing assets, and surrendering passport if any.
Decision
- The authorities concerned will release the applicant only if he is not required in connection with any other offense at the moment.
- Bail bond must be executed before the lower court that has jurisdiction to try the case.
- The lower court can modify or relax any of the aforementioned conditions as per the law.
- Direct service is allowed.
- If there is a breach of any conditions, the Sessions Judge has the authority to issue a warrant or take appropriate action.
- The trial court should not be influenced by the observations made by the Court in the present order.
- The rule is made absolute to the above extent.
- If the accused doesn’t possess a passport, they must file an affidavit stating so.
Case Title: SHEHZAD JABBAR SHIVANI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9114/2024
