In a significant development, the Gujarat High Court has granted bail to the accused individual in the 2G License Case. The judgment comes after a thorough consideration of various factors, including the prima facie case, witness tampering concerns, and the accused’s custodial status since a specific date. The Superintendent of Police has been directed to take action against the officers responsible for the incomplete charges in the FIR. This case marks a crucial moment in the ongoing legal proceedings against multiple individuals and entities involved in the grant of 2G licenses.
Facts
- The Learned APP waives service of Rule on behalf of the Respondent State.
Arguments
- Learned Advocate for the Applicant argues that the Applicant has a good reputation in society
- It is suggested that keeping the applicant in jail serves no useful purpose
- The Applicant is willing to comply with any conditions set by the Court if granted bail
- Application is filed under Section 439 of the Code of Criminal Procedure for bail in connection with FIR
- Heard arguments from both the Advocate for the Applicant and APP for the Respondent – State
- Investigation of the offence is still in progress.
- The learned APP vehemently opposed the application for bail.
- The applicant is accused of causing grievous injuries to the victim, including a serious neck injury.
- Medical report confirmed dangerous nature of the injuries.
- Applicant’s current condition is stable and out of danger.
- The gravity of the offence is a key concern in the bail application.
Analysis
- The application for the accused stands allowed after considering various factors.
- Factors considered include prima facie case, availability of accused at trial, and potential witness tampering.
- The accused is not deemed likely to flee and has been in custody since a specific date.
- FIR only invokes sections 326 and 323 of IPC despite a serious offense under section 307 being apparent.
- Superintendent of Police directed to take action against the officer who failed to include the appropriate charges in the FIR.
- The PRE-TRIAL proceedings were started against many private individuals and public officials in relation to the grant of 2G licenses.
- The trial against the accused individuals and companies went on for 2 years and 3 months and was principally conducted on a day-to-day basis.
- The trial court pronounced a 1552-page judgment, a considerable part of which dealt with the test of criminal liability.
- The accused persons and companies were not successful in disproving the charge framed against them and their involvement in the conspiracy.
- The CBI filed an appeal against the acquittal of certain individuals and companies, questioning why the offences were not proved against them.
Decision
- The Applicant has been granted bail at the initial stage of the case upon execution of a personal bond of Rs.10,000/- with one surety of the like amount.
- The Applicant is subject to certain conditions such as not influencing witnesses, maintaining law and order, and providing proof of residence.
- The Superintendent of Police, Anand has been notified of the bail order for necessary action.
- The Trial Court is directed to not be influenced by the observations made in this order during the trial.
- In case of breaching any bail conditions, the Trial Court is authorized to take appropriate legal actions.
Case Title: SURESHBHAI VAGHJIBHAI PARMAR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6664/2024
