A landmark judgment was pronounced by the Gujarat High Court in the case involving Sanjay Chandra and C.B.I. The Court’s decision to grant regular bail to the applicant based on the facts and circumstances of the case showcases the careful consideration given to the gravity of the allegations. This judgment sets a precedent for future cases dealing with similar legal complexities. #LegalCase #Judgment #GujaratHighCourt
Arguments
- Applicant was not aware of the illegal liquor stored in the vehicle, only a driver
- None of the ingredients of the sections mentioned are attracted to the applicant
- Applicant’s lawyer claims innocence and false implication, been in jail since 07.02.2024
- Learned Additional Public Prosecutor opposes regular bail based on the nature and gravity of the offence.
- Court considers three main factors based on Supreme Court decisions: prima facie case, availability of the applicant at trial, and tampering with witnesses.
- Investigation is complete, and charge-sheet is filed, reducing the risk of tampering with evidence.
- The applicant has no prior criminal record.
- The applicant has been in custody since a specific date.
- The applicant’s permanent residence is at the mentioned address, indicating no risk of absconding.
Analysis
- The Hon’ble Supreme Court laid down the law in the case of Sanjay Chandra v. C.B.I. (2012) 1 SCC 40.
- Considering the nature of allegations in the FIR, discretion is required to be exercised in favor of the applicant.
- The applicant is to be enlarged on regular bail based on the facts and circumstances of the case.
Decision
- The applicant is ordered to be released on regular bail for the offences under Sections 465 and 471 of IPC and sections 65(a), 65(e), 98(2), 81 and 83 of Prohibition Act.
- The bail is granted on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the learned Trial Court.
- Specific conditions are imposed on the applicant, such as not misusing liberty, not acting against the prosecution’s interest, surrendering passport within a week, etc.
- The authorities will release the applicant only if he is not required in connection with any other offence currently.
- In case of breaching any conditions, the Sessions Judge is authorized to issue a warrant or take appropriate action.
- Bail bond must be executed before the learned Lower Court having jurisdiction to try the case.
Case Title: BINU THOMAS CHAKO THOMAS Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9201/2024
