Gujarat High Court
Sandip @ Dipak Shersing @ ... vs State Of Gujarat on 7 October, 2022
Bench: Nirzar S. Desai
R/CR.MA/11871/2022 ORDER DATED: 07/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11871 of 2022
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SANDIP @ DIPAK SHERSING @ KUNDANSING YADAV
Versus
STATE OF GUJARAT
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Appearance:
MR HARDIK A DAVE(3764) for the Applicant(s) No. 1
MR MANAN MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 07/10/2022
ORAL ORDER
1. Heard learned advocate Mr.Hardik Dave for the
applicant and learned Additional Public Prosecutor
Mr.Manan Mehta for the respondent - State.
2. By this application filed under Section 439 of the
Code of Criminal Procedure, 1973, the applicant is seeking
release on regular bail in connection with the FIR being I-
C.R.No.16 of 2019 registered with Dindoli Police Station,
District Surat for offences punishable under Sections 302,
307, 324, 143, 147, 148 and 149 of the Indian Penal Code
and Section 135(1) of the GP Act.
3. Learned advocate for the applicant submitted that,
the applicant is not involved in commission of offence as
alleged in the FIR and therefore, looking to the role of the
applicant and nature of the allegations, the applicant is
R/CR.MA/11871/2022 ORDER DATED: 07/10/2022
required to be enlarged on regular bail by imposing
suitable terms and conditions.
4. On the other hand, learned APP appearing for the
respondent - State vehemently submits that, the offences
which have been charged are serious in nature affecting
the society at large and looking to the facts as well as the
allegations made against the applicant, no discretion
would be required to be exercised.
5. In the facts and circumstances of the case and
considering the nature of allegations, this Court is of the
opinion that, discretion is required to be exercised to
enlarge the applicant on regular bail. This Court has
considered the following facts while exercising discretion
in favour of the applicant :-
(i) though this application is successive bail
application, this Court has considered the aspects
that;
(ii) the applicant is in jail since 28.01.2019;
(iii) the investigation is over and the charge-sheet is
filed;
(iv) vide order dated 22.07.2020, the applicant had
withdrawn earlier Criminal Miscellaneous Application
No.8809 of 2020 and thereafter this application is
R/CR.MA/11871/2022 ORDER DATED: 07/10/2022
preferred after 26 months;
(v) in between, three co-accused have been
enlarged on regular bail by the coordinate Bench of
this, details of which are as under:
(i) co-accused Rahul @ Bediya Sunil Ramdas
Mahajan, vide order dated 04.05.2021,
passed in Criminal Miscellaneous
Application No.5425 of 2021;
(ii) co-accused Komalsing @ Mama Dilipsing
Girase, vide order dated 28.07.2021,
passed in Criminal Miscellaneous
Application No.11260 of 2021; and
(iii) co-accused Anand Prakashbhai Pandurang
Khedkar, vide order dated 18.02.2022,
passed in Criminal Miscellaneous
Application No.2183 of 2022;
(vi) though there is an antecedent as reported by
learned Additional Public Prosecutor against the
present application for an offence punishable under
Section 302 read with other relevant sections of
Indian Penal Code, learned advocate Mr.Dave for the
applicant has placed on record the simple copy of the
judgment and order dated 17.03.2017 passed by the
learned 7th Additional District and Sessions Judge,
R/CR.MA/11871/2022 ORDER DATED: 07/10/2022
Surat in Sessions Case No.215 of 2014 wherein the
present applicant is though shown as accused no.1,
is acquitted by the Sessions Court, Surat.
6. In view of the aforesaid facts, without discussing the
evidence in detail, this Court, prima facie, is of the opinion
that, this is a fit case to exercise the discretion and
enlarge the applicant on regular bail. Hence, present
application is allowed and the applicant is ordered to be
released on regular bail in connection with the FIR being I-
C.R.No.16 of 2019 registered with Dindoli Police Station,
District Surat on executing personal bond of Rs.10,000/-
(Rupees Ten thousand only) with one 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 injuries to the interest of
the prosecution;
[c] surrender passport, if any, to the lower court
within a week;
[d] not leave India without prior permission of the
Sessions Judge concerned;
[e] not to enter into local limits of District:Surat,
except for the purpose of marking presence and
attending the court proceedings, without prior
permission of the Court, till the trial is over.
R/CR.MA/11871/2022 ORDER DATED: 07/10/2022
[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] mark his presence before the concerned police
station in the first week of every month till the
trial is over;
7. The Authorities will release the applicant only if the
applicant 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. Bail bond to be executed before the learned 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. 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.
8. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(NIRZAR S. DESAI,J)
MISHRA AMIT V.
