In a recent judgment by the Gujarat High Court, regular bail has been granted in FIR C.R.No.2 of 2024. The case involved the applicant, Assistant Audit Officer, Class-II, in connection with offences under the Prevention of Corruption Act. The Court considered various factors before allowing the applicant’s release on bail. Stay informed on the latest legal developments. #LegalCase #HighCourt #RegularBail #Judgment
Facts
- The Advocate for the applicant argued that the investigation was complete, and the charge sheet had been filed.
- There is no possibility of the applicant tampering with evidence or influencing witnesses, as the investigation is already done.
- The applicant has strong roots in the society and there is no history of him absconding or not cooperating with the investigation.
- Considering all these points, the Court found it fit to grant regular bail to the applicant.
Arguments
- Ms.Patel appearing on behalf of the respondent-State has opposed grant of regular bail.
- Nature and gravity of the offence cited as reasons for opposing bail.
- Mr.Nanavati, representing the applicant, argues that bail can be granted with suitable conditions.
- Both parties do not push for further reasoning.
- Court considering nature of offence, gravity, role of accused, and other factors.
- Court inclined to grant regular bail to the applicant.
Analysis
- The applicant, Assistant Audit Officer, Class-II, has been in custody since 27.02.2024.
- No criminal antecedents have been reported by the learned APP against the applicant.
- The learned APP has confirmed that the charge-sheet has been filed in the case.
- The present application is allowed.
- The applicant is ordered to be released on regular bail in connection with FIR C.R.No.2 of 2024 registered with Mahesana ACB Police Station for offence under Sections 7, 13(1)(A), 13(2) of the Prevention of Corruption Act(Amended), 2018
- The bail is granted upon executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court
- The applicant is subjected to several conditions including not misusing liberty, not acting in a manner injurious to the interest of the prosecution, surrendering the passport within one week, not leaving India without permission, marking presence at the concerned Police Station between 1 to 10 day of every English calendar month, furnishing the present address of residence, and not changing the residence without prior permission of the trial court
- The applicant will only be released if not required in connection with any other offence at the time
Decision
- Maximum punishment for offenses in FIR is up to 10 years
- Sessions Judge can issue warrant for breach of conditions
- Court inclined to consider the case of the applicant
- Trial Court should not be influenced by prima facie observations made by this Court
- Rule made absolute with specified conditions
- Direct service permitted
- Bail bond to be executed before the lower Court
- Lower Court can modify or relax conditions as per law
Case Title: LAKHANSINGH GIRDHARILAL MINA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9232/2024
