In a significant legal development, the Supreme Court has pronounced its judgment on the bail application in C.R.No.I-43 of 2015. The case involves crucial considerations regarding the grant of bail in the context of serious criminal allegations. The Court’s decision sets a precedent for future similar cases. Stay tuned for insights on this important legal ruling.
Facts
- Present successive application filed under Section 439 of the CrPC for regular bail in connection with C.R.No.I-43 of 2015.
- The case is registered with Chithoda Police Station, District Sabarkantha for offences under Sections 363, 366, and 376 of the IPC and Sections 4, 5(1), and 6 of the POCSO Act.
Arguments
- The learned advocate for the applicant argues for the release of the applicant on regular bail with suitable conditions due to the nature of the offense.
- The applicant has been in judicial custody since 05.09.2023.
- The trial has already begun, and the victim’s deposition has been recorded, where she did not support the prosecution’s case and turned hostile.
- Based on these facts, the advocate requests the court to grant bail to the applicant.
- The APP representing the respondent-State opposes the bail citing the gravity of the offense.
- The investigation is complete, and the application for bail comes after the submission of the charge-sheet.
- The victim did not support the prosecution’s case even during cross-examination.
- Taking all these points into account, the court needs to consider…
Analysis
- Applicant has been in jail since 05.09.2023.
- Investigation is concluded and charge-sheet is filed.
- Trial has commenced and victim’s deposition is recorded.
- Victim did not support the prosecution’s case and turned hostile.
- Learned advocates for both parties do not press for further reasoned order.
- Allegations against the applicant and the role played by the applicant are considered.
- The Court considered the law laid down by the Hon’ble Apex Court in the cases of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- The Court did not discuss the evidence in detail but found that prima facie, it is a fit case to grant regular bail to the applicant.
- Based on the nature of the allegations in the FIR, the Court exercised its discretion to grant bail to the applicant.
Decision
- Applicant granted regular bail in connection with C.R.No.I-43 of 2015 in District Sabarkantha.
- Bail conditions include executing a personal bond of Rs.15,000 with one surety of the like amount.
- Conditions also include not misusing liberty, not acting against prosecution’s interest, surrendering passport, not leaving Gujarat without permission, marking presence at the Police Station monthly, and informing about change of residence.
- Court’s preliminary observations during bail should not influence trial.
- If any bail conditions are breached, Sessions Judge can take appropriate action.
- Applicant will only be released if not required for any other offence.
- Direct service permitted.
Case Title: LALJIBHAI SIDDHRAJBHAI PANDOR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7871/2024
