In a recent judgment by the Supreme Court of India, regular bail has been granted to the applicants in connection with specified Indian Penal Code offences. The Court considered relevant laws and previous cases such as in Sanjay Chandra v. CBI and Satender Kumar Antil v. CBI. The applicants were ordered to be released on bail with conditions to ensure they do not misuse the liberty granted. This decision marks an important development in the ongoing legal proceedings.
Arguments
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- The offence in question is punishable under Sections 380, 454, 465, 467, 471, 411, 413 and 114 of the Indian Penal Code.
- The applicants have been arrested and charge-sheeted based on materials and confessional statements.
- The applicants were taken into custody on a transfer warrant, with the investigation already concluded.
- All offences are triable by the Court of Magistrate with no recovery or discovery at the instance of the applicants.
- No T.I. Parade was conducted for the applicants.
- The applicants have been in judicial custody since their arrest on 27.11.2023.
- The applicants have been granted bail in over 39 other offences.
- The advocate for the applicants seeks bail with suitable terms and conditions based on the mentioned factual aspects.
- Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail due to the nature and gravity of the offence.
Analysis
- Learned advocates representing the parties were heard
- Investigation papers and allegations against the applicants were considered
- No T.I. Parade conducted, no recovery or discovery at the applicants’ instance
- Applicants have been in jail since 27.11.2023
- Investigation concluded and charge-sheet filed
- All offences exclusively triable by Magistrate’s Court
- The Court considered relevant laws laid down in previous cases such as in Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Based on the nature of allegations in the FIR and without detailed discussion of evidence, the Court found it suitable to grant regular bail to the applicants.
- The application for bail was allowed, and the applicants were ordered to be released on regular bail in connection with the specified case after executing a personal bond of Rs. 15,000 each along with one surety of the same amount.
- Various conditions were imposed upon the applicants upon their release, including not misusing the liberty granted, not acting against the prosecution’s interests, surrendering any passports, not leaving the state without permission, marking regular presence at the police station, and updating the address to the Investigating Officer and the Court.
- The applicants will only be released if not required in connection with any other offenses at the time.
- In case of breach of conditions, the Sessions Judge has the authority to issue a warrant or take appropriate action.
Decision
- Leave to amend is granted.
- The present application stands allowed accordingly.
- At the trial, the trial Court Rule is made absolute.
- Direct service is permitted.
Case Title: AMOLBHAI GOKULBHAI DIGMBER JADAV (PATIL) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6246/2024
