In a significant legal development, the Gujarat High Court has granted bail to the accused in the Godadara Police Station FIR case. This decision comes after careful consideration of the facts and arguments presented by the parties involved. The judgment carries implications for the criminal justice system in the region. Find out more about this landmark decision in the detailed summary below.
Facts
- Original Name 1 argued that…
- Original Name 2 contended that…
- The court observed that…
- Submissions were made on behalf of Original Name 3 explaining…
Arguments
- The present application for bail under Section 439 of the Code of Criminal Procedure, 1973 is in connection with FIR C.R. No.11210064221903 of 2023 registered at Godadara Police Station, Surat.
- The incident in question occurred on 01.10.2022, with the applicant being arrested on 16.10.2022 and in judicial custody since then.
- The prosecuting agency has highlighted past offenses of the applicant, mentioning over 34 cases, primarily chapter cases, with two IPC offenses resulting in the applicant being acquitted.
- The applicant-accused’s alleged role involved inflicting a knife blow on the deceased’s lower limb, distinct from the person who struck the fatal blow to the deceased’s head with a stick.
- Role of the present applicants clearly defined in the chargesheet
- Applicant-accused may be enlarged on bail with strictest conditions due to role attributed
- Learned APP argues applicant-accused is a history-sheeter with numerous registered offences
- Concern that the applicant-accused may threaten witnesses if granted bail
- Opposition to regular bail based on nature and gravity of the offense
- More than 34 offences registered against the present applicant-accused
Analysis
- The learned advocates appearing on behalf of the respective parties were heard.
- The papers of the investigation were perused.
- Allegations against the applicant and their role were considered.
Decision
- The investigation has been completed and charge-sheet filed
- The applicant-accused has been in judicial custody since 16.10.2022
- The applicant-accused inflicted a knife blow on the lower limb of the deceased
- There are over 34 offenses registered against the applicant-accused in the past
- Most cases are chapter cases and four offenses under IPC were registered, out of which the accused was acquitted in two
- Citing the law laid down by the Hon’ble Apex Court in specific cases
- The court is of the opinion that this is a fit case for regular bail
- The applicant is ordered to be released on regular bail on specific conditions
- Bail conditions include not misusing liberty, surrendering passport, marking presence at the police station, etc.
- The applicant will not leave the state of Gujarat without prior permission
- Any breach of conditions will lead to appropriate action by the Sessions Judge
- The trial Court shall not be influenced by the preliminary observations made by this Court while granting bail
- Bail bond to be executed before the lower Court with jurisdiction
- The concerned Court has the authority to delete, modify, or relax any conditions as per law
Case Title: CHETAN @ CHETAN FADU RAMESH RAMJARAM BHAGWAT Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9046/2024
