The Gujarat High Court recently comprising of a bench of Justice Ilesh J Vora granted interim bail to former Director General of Police (DGP) R B Sreekumar till November 15, and allowed him to file a fresh application for regular bail before the trial court. (Raman Pillai Bhaskaren Nair Shreekumar (R.B.Sreekumar) v. State Of Gujarat).
Facts of the case
The police had accused Sreekumar, Setalvad and former IPS officer Sanjiv Bhatt of fabricating evidence related to the 2002 Gujarat riots to destabilise the then Gujarat government which was headed by Chief Minister, now Prime Minister, Narendra Modi.
An Ahmedabad court on July 30 had denied bail to Sreekumar and Setalvad, following which they had moved the High Court. While granting bail to Sreekumar, the High Court said that it will hear his petition along with Setalvad’s on November 15. The High Court was also hearing the regular bail plea of Setalvad.
Contention of the Parties
Mr. Ravani, learned counsel for the applicant submitted that, in view of filing of charge-sheet and considering the age of the applicant, he may be enlarged on interim bail as he is in custody since 25.06.2022.
He further submitted that, applicant intends to file a fresh application before the Court concerned and therefore, discretion may kindly be exercised by granting interim bail.
On the other hand, Mr. Mitesh Amin, learned PublicProsecutor for the respondent-State submitted that,considering the role attributed to the present applicant in the alleged offence, no case is made out for granting interim bail.
Courts Observation and order
The bench taking note of the contention of the Parties remarked, "Having heard learned counsel for the respective parties and considering the fact that charge-sheet is filed before the Court concerned, I am inclined to exercise enlarging the applicant on interim bail and accordingly, the applicant shall be released on interim bail till 15.11.2022, on executing personal bond of Rs.10,000/- (Rupees Ten Thousand only) before the Jail authority on usual terms and conditions. The applicant is directed to deposit his passport within a week from the date of his release from jail. The applicant to surrender before Jail Authority on completion of interim bail, without fail."
The bench disposing the application remarked, "The applicant is at liberty to file a fresh bail application before the Court concerned. As and when such application is filed, the Court concerned shall decide the same in accordance with law.
In view of aforesaid, present application stands disposed of accordingly. Direct service is permitted."
Read Judgment @Latestlaws.com
Picture Source :
