In a significant development, the Gujarat High Court has issued a judgement regarding the FIR C.R. No. 11189003212003 of 2021. The Court has granted regular bail to the applicant in this case, marking a crucial decision in the legal proceedings. Stay informed about the details of this important ruling by reading on.
Facts
- Present application filed under Section 439 of CrPC for regular bail in connection with FIR C.R. No. 11189003212003 of 2021.
- FIR registered with Morbi City ‘A’ Division Police Station, Morbi for offences under various sections of IPC, Arms Act, G.P. Act, and GUJCTOC Act.
- Rule returnable forthwith.
- Learned APP waives service of notice of rule for and on behalf of the respondent-State.
Arguments
- The applicant’s role in the crime was standing with a wooden log (Dhoka) in hand.
- The applicant did not inflict any blows to the deceased; medical evidence shows injuries were from firearms.
- Complainant’s testimony is hearsay based on information from eye-witnesses.
- Investigation is completed, and a charge sheet has been filed.
- Applicant-accused has been in jail since arrest on 10.09.2021.
- Learned APP has opposed grant of regular bail due to the nature and gravity of the offence.
- The other co-accused with similar or graver roles have been granted bail by the same Court.
- No recovery or discovery of any weapon has been made at the instance of the applicant-accused.
Analysis
- Investigation has been completed and charge-sheet filed.
- Other co-accused with similar or graver role released on bail.
- No recovery of alleged weapon at the instance of the applicant-accused.
- Applicant-accused has been in jail since 10.09.2021.
- Period of incarceration already spent by the applicant-accused.
- The Court considered the law laid down in the case of Sanjay Chandra v. Central Bureau of Investigation.
- Based on the nature of allegations in the FIR and without discussing evidence in detail, the Court found it fitting to grant regular bail to the applicant.
- The applicant is ordered to be released on regular bail in connection with the FIR upon executing a personal bond of Rs.15,000.
- The applicant has been granted bail with one surety of the same amount to the satisfaction of the trial Court.
- The applicant must adhere to several conditions to maintain the bail, including not misusing liberty, not acting in a manner harmful to the prosecution’s interest, and surrendering any passport within a week.
- The applicant is not allowed to leave the State of Gujarat without prior permission and must mark his presence at the police station on alternate Mondays between 11:00 a.m. and 2:00 p.m. for six months.
- He is required to provide his current address to the Investigating Officer and the Court, and cannot change residences without prior permission.
- The applicant will only be released if he is not needed in connection with any other offense at the time.
- If any conditions are breached, the Sessions Judge has the authority to issue a warrant or take appropriate action.
- The bail bond must be executed before the lower Court with jurisdiction over the case.
Decision
- The trial Court should not be influenced by any preliminary observations made by the Court during the bail hearing.
- The trial Court is allowed to modify, relax, or delete any conditions imposed during bail in accordance with the law.
- The rule is made absolute to the extent mentioned in the judgement.
- Direct service of the judgement is permitted.
Case Title: AEJAZ AMADBHAI CHANIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/11272/2024
