Gujarat High Court
Thakor Sanjayji Pathuji vs State Of Gujarat on 8 May, 2025
NEUTRAL CITATION
R/CR.A/658/2025 ORDER DATED: 08/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
658 of 2025
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THAKOR SANJAYJI PATHUJI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DR. HARDIK K RAVAL(6366) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR PRANAV DHAGAT, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/05/2025
ORAL ORDER
Respondent No.2 duly served remained absent.
1. Heard learned advocate or the appellant and learned APP for the respondent - State.
2. Admit. Learned APP waives service of notice of admission on behalf of respondent-State.
3. Present appeal is filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the judgment and order dated 27.01.2025 passed by the learned 3rd Additional Sessions Judge & Special Judge, (Atrocity), Patan in Criminal Misc. Application No. 70 of 2025, whereby the Special Judge, (Atrocity) rejected the application filed by the present appellant under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") seeking regular bail in connection with FIR being C.R.No.11217019230833 of 2023 Page 1 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri May 09 2025 Downloaded on : Sat May 10 17:55:47 IST 2025 NEUTRAL CITATION R/CR.A/658/2025 ORDER DATED: 08/05/2025 undefined registered with 'A' Division Police Station, Patan for the offences punishable under Sections 376(2)(n) and 506(1) of IPC and under Sections 3(1) (r), 3(1)(w)(i) and 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
4. Learned advocate for the appellant has submitted that the appellant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the appellant and nature of the allegations, the appellant is required to be enlarged on regular bail by imposing suitable terms and conditions.
4.1. Learned advocate for the appellant has submitted that charge-
sheet is filed and appellant is arrested on 01.10.2023. Learned advocate for the appellant has filed the present appeal through special campaign launched by the National Legal Services Authority (NALSA) to secure to release elderly prisoners and terminally ill prisoners through effective legal aid services. It is submitted that present appellant is HIV Positive. Therefore, no purpose would be served to keep him behind the bar for long time. He is ready and willing to abide by all the conditions imposed upon him.
5. Learned APP has opposed the present appeal on the ground that charge-sheet is filed and trial is in progress. It is submitted that present appellant is involved in the offence and he has committed an offence, due to this, the complaint is pregnant and she delivered a child. Hence, prima facie, offence is made Page 2 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri May 09 2025 Downloaded on : Sat May 10 17:55:47 IST 2025 NEUTRAL CITATION R/CR.A/658/2025 ORDER DATED: 08/05/2025 undefined out. If he released on bail, then possibility cannot be ruled out to tamper with the evidence. He has requested to dismiss the present appeal.
6. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
7. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, the investigation is over and charge-sheet has been filed. Following aspects have been considered:
(i) appellant is arrested on 05.10.2023;
(ii) Commencement of trial will take its own time;
(iii) offence is not punishable with life or death;
(iv) nothing is required to be recovered and discovered from
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NEUTRAL CITATION
R/CR.A/658/2025 ORDER DATED: 08/05/2025
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the accused;
(v) Present appellant is suffering from HIV;
(vi) Charge-sheet is filed;
(vii) Considering the guidelines of the National Legal Services
Authority (NALSA) to secure to release elderly prisoners and terminally ill prisoners through effective legal aid services, without discussion in detail about the role of the appellant and gravity of offence, the present appeal deserves consideration;
(viii) Considering the report submitted by the Medical Officer Patan & Jail Authority as present appellant is suffering from HIV, the present application deserves consideration.
8. It would be apposite to refer the decision of the Hon'ble Apex Court in case of Amar Sadhuram Mulchandani V. Directorate of Enforcement and Another reported in 2024 SCC OnLine SC 4408.
8.1. 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 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, Page 4 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri May 09 2025 Downloaded on : Sat May 10 17:55:47 IST 2025 NEUTRAL CITATION R/CR.A/658/2025 ORDER DATED: 08/05/2025 undefined present application deserves consideration.
9. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant 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 appellant on regular bail subject to production of medical papers/ certificate issued by the competent authority i.e. Government Hospital/ Medical Board. Hence, the present application is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R.No.11217019230833 of 2023 registered with 'A' Division Police Station, Patan, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five 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 injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave State of Gujarat without prior permission of the Sessions Judge concerned;
[e] furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence address as well as contact number without prior permission of Trial Court;
[f] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;
Page 5 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri May 09 2025 Downloaded on : Sat May 10 17:55:47 IST 2025NEUTRAL CITATION R/CR.A/658/2025 ORDER DATED: 08/05/2025 undefined [g] shall submit the medical papers of his illness as mentioned in the application, as he is HIV positive, to jail authorities. Thereafter, concerned learned Sessions Judge is directed to verify the certificate submitted by the applicant prior to his release;
10. The authorities will release the appellant subject to production of medical documents, 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.
11. 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.
12. 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 appellant on bail.
13. Direct service is permitted.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 6 of 6 Uploaded by KUMAR ALOK(HC01091) on Fri May 09 2025 Downloaded on : Sat May 10 17:55:47 IST 2025