Gujarat High Court
Pintubhai Rameshbhai Bhabhor vs State Of Gujarat on 24 September, 2021
Bench: A.S. Supehia
R/CR.MA/15775/2021 ORDER DATED: 24/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15775 of 2021
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PINTUBHAI RAMESHBHAI BHABHOR
Versus
STATE OF GUJARAT
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Appearance:
MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1
MR. RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 24/09/2021
ORAL ORDER
1) RULE. Learned APP, Mr. Ronak Raval waives service of notice
of Rule on behalf of respondent-State.
2) By way of the present successive application under Section 439
of the Code of Criminal Procedure, 1973, the applicant-accused has
prayed for bail in connection with the FIR being I-CR
No.11821025200259 of 2020 registered with Katvara Police Station,
District- Dahod for the offenses punishable under Sections 394 and
395 of the Indian Penal Code,1860 (IPC).
3) Learned advocate appearing for the applicant submitted that
Co-accused i.e. Nareshbhai Masulbhai Ninama and Arjunbhai
Lakhiyabhai Damor have been released by the Trial Court, Dahod
vide judgment and order dated 12.10.2020 passed in Criminal Misc.
Application No. 595 of 2020 and judgment and order dated
14.10.2020 passed in Criminal Misc. Application No. 645 of 2020
respectively. Lastly, it is urged by the learned advocate for the
applicant that considering the aforesaid aspects of the case, the
applicant may be released on bail. It is submitted that the accused
R/CR.MA/15775/2021 ORDER DATED: 24/09/2021
Arjunbhai from whom the cash amount of Rs.2,000/- as well as stolen
motorcycle was recovered and the accused Nareshbhai from whom
the cash amount of Rs. 7,300/- has been recovered are enlarged on
bail by the Trial Court. He has submitted that the present applicant-
accused has been denied the bail by the trial Court since he is the
only accused who has been identified during Identification Parade.
He has submitted that the TI parade has not been carried out as per
the law and the same is doubtful. He has submitted that so far as the
progress of trial is concerned, not a single witness has been
examined and the applicant is incarcerated in jail since 18.08.2020.
4) Learned Additional Public Prosecutor appearing on behalf of
the respondent-State has submitted that since the applicant-accused
has been identified in the TI parade and is directly involved in the
offence, the present application may not be entertained.
5) I have heard the learned advocates for the respective parties.
This Court, after considering the papers of charge-sheet as well as
the submissions of both the learned advocates appearing for the
respective parties, is of the opinion that the present application
needs to be allowed and this Court has considered following aspects;
(i) The applicant-accused from whom the muddamal has been
recovered are released on regular bail by the trial court;
(ii) The status of the trial proceedings and the role
attributed to the applicant-accused;
(ii) The charge sheet has been filed and in the trial
proceedings not a single witness has been examined and the
applicant is incarcerated in jail since 18.08.2020.
R/CR.MA/15775/2021 ORDER DATED: 24/09/2021
6) This Court has also taken into consideration the law laid down
by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau
of Investigation, (2012) 1 SCC 40;
7) In the result, the present application is allowed and the
applicant is ordered to be released on regular bail in connection with
an FIR being I-CR No.11821025200259 of 2020 registered with
Katvara Police Station, District- Dahod, on executing a personal bond
of Rs.10,000/- (Rupees Ten Thousand Only) with one local surety of
the like amount to the satisfaction of the learned 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 his passport, if any, to the lower court within a
week;
(d) not leave the State of Gujarat without prior permission of
the concerned Trial Court;
(e) mark his presence before the concerned Police Station on
alternate every Monday for initial six months and thereafter,
on alternate Monday of every English calendar month, for a
period of six months, between 10:00 a.m. and 2:00 p.m.;
(f) furnish latest 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 the Trial Court;
(g) not to enter into the Districts Dahod and
Panchmahal till the deposition of the complainant is
over.
R/CR.MA/15775/2021 ORDER DATED: 24/09/2021
8) 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 concerned
Trial Court will be free to issue warrant or take appropriate action in
the matter. Bail bond to be executed before the Trial Court having
jurisdiction to try the case.
9) It will be open for the concerned Court to delete, modify and/or
relax any of the above conditions in accordance with law. At the trial,
learned 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. Rule is made absolute
accordingly.
10) Registry is directed to intimate the concerned jail authority and
the concerned Sessions Court about the present order by sending a
copy of this order through Fax message, email and/or any other
suitable electronic mode.
11) Learned advocate for the applicant is also permitted to send a
copy of this order to the concerned jail authority and the concerned
Sessions Court through Fax message, email and/or any other suitable
electronic mode.
(A. S. SUPEHIA, J)
VISHAL MISHRA
