In a recent judgment by the Gujarat High Court, regular bail has been granted in connection with CR.NO. 11208051230897 of 2023. The court considered the arguments put forth by the learned advocates and the evidence provided. The applicant, under specific conditions, is now allowed bail as per the judgment. #LegalJustice #BailGranted #GujaratHighCourt
Facts
- The application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- The FIR is C.R.NO. 11208051230897 of 2023 registered with Rajkot City ‘B’ Division Police Station, Rajkot.
- The Learned APP waives service of rule for the respondent-State.
Arguments
- The Learned Advocate for the applicant argues for the grant of regular bail with suitable conditions based on the nature of the offence.
- The Learned APP for the respondent-State opposes the grant of bail emphasizing the seriousness of the offence.
- The nature and gravity of the offence are significant factors in the argument against granting regular bail to the applicant.
Analysis
- The learned advocates presented strong arguments on behalf of the parties
- The papers submitted were thoroughly reviewed by the court
- The analysis of the case was based on the arguments presented and the evidence provided
- The first informant’s condition is stable and out of danger after sustaining injuries.
- The law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation has been considered.
- Without discussing the evidence in detail, prima facie, the court finds it a fit case to grant the applicant regular bail.
Decision
- Applicant is ordered to be released on regular bail in connection with FIR registered with Rajkot City “B” Division Police Station on executing a personal bond of Rs.10,000/- with one surety of the like amount.
- Conditions for bail include not misusing liberty, not acting injuriously to prosecution’s interest, surrendering passport if any, not leaving Gujarat without permission, marking presence once a month, providing current address to Investigating Officer and Court, and not committing any other offence.
- Release of applicant is subject to not being required in connection with any other offence at the time.
- If bail conditions are breached, the Sessions Judge can issue a warrant or take appropriate action.
- Bail bond must be executed before the lower Court with jurisdiction to try the case.
- The concerned Court has the authority to modify or relax any of the bail conditions.
- The trial Court should not be influenced by preliminary observations made by the Court while granting bail.
- The present application for bail is allowed as investigation is complete and charge sheet has been filed.
Case Title: JAVID HANIFBHAI SODHA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/10943/2024
