In a recent judgment by the Gujarat High Court, bail has been granted to the accused in a theft case. The applicants, involved in the incident on 28 February, 2024, were in judicial custody since 1 April, 2024. The court carefully considered the roles attributed to the applicants during the crime, following the law laid down by the Hon’ble Apex Court in relevant cases. This summary highlights the court’s discretion in granting bail based on the completed investigation findings. #BailGranted #LegalVictory #JusticeServed
Facts
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- The FIR was registered for the offence punishable under Section 379 of the Indian Penal Code.
- The incident allegedly took place on 28 February, 2024, with the applicants being arrested on 1 April, 2024.
- The investigation is completed, and the charge-sheet has been submitted.
- The applicants seek bail based on the completion of investigation and charge-sheet submission.
Arguments
- The learned APP for the State has opposed the grant of regular bail for the applicants.
- The gravity and nature of the offence have been highlighted as reasons for opposing the bail application.
- The role of the applicants in the offense has been described as grave based on the charge-sheet.
- The opposition to the bail application is supported by the details mentioned in the charge-sheet.
- The applicants are being referred to as the lady accused by the Court.
- The offence alleged is a Magistrate triable offence, prompting the Court to consider a liberal approach.
- Learned advocate for the applicants has agreed to strict conditions, including movement restrictions.
- It was argued that the recovery in question was joint and found on the applicants.
- The charge-sheet papers and affidavit filed by the Investigating Officer support the repeated involvement of the applicants in such offences.
- Both sides’ advocates did not ask for a further reasoned order.
Analysis
- Present application is filed after the charge-sheet is submitted and investigation is completed
- Applicants are in judicial custody since 1 April, 2024
- Considered the allegations against the applicants and the roles they played
- Considering the role attributed to the present applicants at the time of commission of the crime is crucial.
- The level of involvement and responsibility of the applicants during the crime needs to be properly assessed.
- It is important to establish whether the applicants had direct participation or were merely accomplices in the commission of the crime.
- Consideration of law laid down by Hon’ble Apex Court in two cases: Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Without delving into detailed evidence, the court finds it a fit case to grant regular bail to the applicants based on the nature of allegations in the FIR.
- The court exercises its discretion and allows the present application for bail.
Decision
- Bail bond to be executed before the lower Court having jurisdiction
- Authorities will release the applicants only if they are not required in connection with any other offence
- Trial Court shall not be influenced by preliminary observations made by this Court while granting bail
- Rule made absolute to the specified extent
- Direct service permitted for the order
- Applicants ordered to be released on regular bail upon executing a personal bond of Rs. 15,000 each with one surety
- Specified conditions include not misusing liberty, not acting against prosecution’s interest, surrendering passport, not leaving Gujarat without permission, marking monthly presence at Satellite Police Station, providing current address to Investigating Officer and Court, and not entering Ahmedabad city except for court proceedings
Case Title: RAMESHVARI @ CHHOTI W/O RAVAN PARASHRAM GAYAKWAD Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9367/2024
