Bharatji Ambaji Chavda vs State Of Gujarat

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.6 of 1999 registered with Lagnaj Police Station, Mehsana for offence under Sections 408 and 477(A) of the Indian Penal Code.

2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the Page 1 of 4 R/CR.MA/2742/2019 ORDER respective parties do not press for further reasoned order.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

I. The FIR is registered on 08.01.1999 for the offence which is alleged to have taken place between 14.11.1997 to 21.07.1998.

II. The applicant is in jail since 28.01.2019.

III. Pursuant to order dated 19.02.2019, learned Advocate for the applicant produces on record certified copy of the order granting bail to the applicant by order dated 10.02.1999. The applicant was thereafter arrested pursuant to non- bailable warrant on account of his absence from trial.

IV. Learned Advocate for the applicant states that the applicant shall file an undertaking before the trial court to continue to appear before the trial Court on each date of adjournment without any default.

V. Co-accused have been enlarged on regular bail. Hence, applying the principle of parity.

VI. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012]1 SCC 40.

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R/CR.MA/2742/2019 ORDER

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with I-CR No.6 of 1999 registered with Lagnaj Police Station, Mehsana on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

R/CR.MA/2742/2019 ORDER [g] to file an undertaking before the trial Court within a period of one week of his release to the effect that he shall continue to appear before the trial Court on each date of adjournment without any default;

9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

10. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

11. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(A.Y. KOGJE, J) SHITOLE Page 4 of 4