In a recent judgment by the Gujarat High Court, regular bail has been granted to the applicant in connection with FIR No.11184003210689 of 2021 registered at Jetpur Pavi Police Station. The court’s decision takes into account various factors like the nature of allegations and the role of the accused. This landmark ruling ensures fair treatment in the legal system and upholds the principles of justice for all involved parties. #JudicialDecision
Arguments
- The learned Additional Public Prosecutor representing the respondent-State has opposed the grant of regular bail.
- The opposition is based on the serious nature and gravity of the offences under Sections 380, 457, 411 and 114 of the Indian Penal Code.
- The respondent-State argues against the applicant’s release on bail, emphasizing the severity of the alleged offences.
- The opposition highlights concerns regarding the potential impact of granting bail on the ongoing investigation and the safety of the public.
- The respondent-State’s stance is aimed at ensuring the adherence to the law and the preservation of public trust in the justice system.
Analysis
- Learned advocates for the parties did not seek further reasoned order.
- After hearing both sides and reviewing the evidence, the court finds it appropriate to grant the applicant regular bail.
- Factors considered include the nature of allegations, gravity of offences, and role of the accused.
- The applicant is granted regular bail in connection with FIR No.11184003210689 of 2021 registered with Jetpur Pavi Police Station, District: Chhotaudepur.
- The applicant is required to execute a personal bond of Rs.10,000/- with one local surety of the same amount to the satisfaction of the trial court.
- Conditions for bail include not misusing liberty, not acting against the prosecution’s interests, surrendering passport if any, not leaving Gujarat without court permission, marking presence at the Police Station twice a month, providing current residence address to the Investigating Officer and the court, and not changing residence without prior court approval.
Decision
- The bail bond is to be executed before the lower Court having jurisdiction to try the case.
- Direct service is permitted for execution of the bail bond.
- The rule made by the court is absolute to the mentioned extent.
- If any condition of the bail bond is breached, the Sessions Judge can issue a warrant or take appropriate action.
- The concerned Sessions Court has the authority to delete, modify, or relax any of the imposed conditions as per the law.
- The Trial Court should not be biased by the prima facie observations made in this order during the trial.
- The applicant will only be released based on the Circulat relating to COVID-19 and if not required in connection with any other offence at that time.
- The court has looked into various aspects including the duration of the applicant’s detention, the completion of investigation and filing of charge-sheet, no recovery or discovery from the applicant, and arrest based on co-accused statement.
- Considering the applicant has four past antecedents, specific conditions are imposed like not leaving the State of Gujarat and marking presence twice a month at the police station.
Case Title: KAMALSING JAGDISHSINH SISODIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8821/2024
