In a recent development, the Gujarat High Court has granted bail to the accused in the case related to FIR CR No. Part-A-11210056213829 of 2021 at Dindoli Police Station. This decision marks a crucial milestone in the legal battle involving the accused individual. Stay tuned for more updates on this case.
Facts
- The applicant-accused was arrested on 21.12.2021 and has been in jail since then.
- The application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection with FIR C.R. No. Part-A-11210056213829 of 2021 at Dindoli Police Station, Surat City.
- The FIR charges the applicant under various sections of the IPC and GUJCTOC Act.
- Learned advocate for the applicant presented arguments in support of the bail application.
Arguments
- The applicant-accused has already been enlarged on bail in all 17 offences relied upon by the investigator.
- The applicant-accused has been in jail since 21.12.2021, which is more than two years.
- Investigation has been completed and charge-sheet has been filed.
- The first information report was lodged against seven persons, with the applicant-accused shown as accused No.6.
- At the time of the commission of the offence, the applicant-accused was already in jail for another offence.
- No specific overt act on the part of the applicant-accused is found in the police papers.
- The prosecuting agency relied upon a total of 17 offences when invoking the provisions of the GUJCTOC Act against the applicant-accused.
- Learned APP argues that discretionary power of the court is not required to be exercised in favor of the applicant-accused due to their role in the offense.
- The other co-accused with graver roles have already been granted bail by either the court or the trial court.
- The learned APP opposes regular bail considering the nature and gravity of the offense.
Analysis
- The learned advocates representing the parties were heard.
- The papers of the investigation were perused.
- Allegations against the applicant were considered.
- The role played by the applicant was examined.
- The investigation has been completed and charge-sheet filed.
- Co-accused persons with graver roles have been granted bail.
- Applicant-accused has been in jail for over two years.
- Consideration of the law laid down in the case of Sanjay Chandra v. Central Bureau of Investigation.
- Prima facie opinion that it is a fit case for granting bail.
- Order for the applicant to be released on regular bail with specified conditions.
- Release of the applicant only if not required in connection with any other offence.
Decision
- Bail bond to be executed before the lower Court with jurisdiction.
- Sessions Judge can issue warrant or take appropriate action for breach of conditions.
- The trial Court should not be influenced by preliminary observations of evidence made by the higher Court during bail.
- Direct service is permitted for communication.
- The concerned Court has the authority to delete, modify, or relax any of the conditions as per the law.
Case Title: DAYAVAN @ BUNTY ASHOK PATIL Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7214/2024
