In a significant legal development, the Supreme Court has granted bail in a case related to the Godhra ‘A’ Division Police Station. This decision comes after careful consideration of the nature of the allegations without delving into the evidence. The applicants have been ordered to be released on regular bail, subject to specified conditions. Explore the details of this milestone judgement here.
Facts
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- The application is in connection with C.R.No.11207025230612 of 2023 registered with Godhra ‘A’ Division Police Station, District Panchmahal.
- The offences charged are under Sections 380, 454, 465, 467, 471, 411, 413 and 114 of the Indian Penal Code.
- The learned advocate representing the applicants has requested for bail noting the nature of the offence and suggesting suitable conditions for the same.
Arguments
- Advocates for the respective parties do not press for further reasoned order.
- Initial FIR was filed against unknown persons, and later applicants were arrested and charged based on materials and confessional statements.
- Applicants were taken into custody based on a transfer warrant after the investigation concluded and the charge-sheet was submitted.
- All offenses are triable by the Court of Magistrate.
- No recovery or discovery was made at the applicants’ instance, and there was no T.I. Parade conducted.
- Applicants have been in judicial custody since 27.11.2023.
- 39 offenses are registered against the applicants, but they have been granted bail in all of them.
- Opposition to regular bail by the State’s Advocate Public Prosecutor due to the nature and gravity of the offense.
- Applicant’s lawyer suggests bail with suitable terms and conditions.
Analysis
- Learned advocates appeared for both parties
- Perused investigation papers and allegations against applicants
- No T.I. Parade conducted
- No recovery or discovery at the instance of applicants
- Applicants have been in jail since 27.11.2023
- Investigation concluded and charge-sheet filed
- Offences exclusively triable by Court of Magistrate
- The Court considered the law laid down by the Hon’ble Apex Court in the cases of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Based on the nature of the allegations in the FIR and without delving into the evidence, the Court believes it is a suitable case for granting regular bail.
- The present application has been allowed, and the applicants are ordered to be released on regular bail in connection with a specific case registered with the Godhra ‘A’ Division Police Station.
- The applicants are required to execute a personal bond of Rs.15,000 each along with one surety of the same amount to the satisfaction of the trial Court.
- Certain conditions are imposed on the applicants upon being granted bail, such as not taking advantage of liberty, not acting in a manner detrimental to the prosecution’s interest, surrendering any passport to the lower court within a week, seeking permission before leaving the State of Gujarat, and making alternate Monday visits to the concerned Police Station for six months.
Decision
- The bail bond must be executed before the lower Court having jurisdiction
- The observations made by the Court at the bail stage should not influence the bail decision
- The release of the applicants will depend on their involvement in other relevant offences
- The concerned Court has the authority to modify or relax any conditions of the bail
- Leave to amend is granted for the application
- The trial Court must provide the current address to the Investigating Officer and the Court during bond execution
- The Sessions Judge can issue a warrant for breach of bail conditions
Case Title: AMOLBHAI GOKULBHAI DIGMBERBHAI JADAV (PATIL) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6673/2024
