Mangesh Ganpat Wagh vs State Of Gujarat
2022 Latest Caselaw 8953 Guj

     R/CR.MA/13853/2022                             ORDER DATED: 10/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13853 of 2022

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                          MANGESH GANPAT WAGH
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MS. MOUSAMI K VALA(6923) 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 : 10/10/2022

                               ORAL ORDER

1. Heard learned advocate Ms.Mousami Vala 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 C.R.No.11200011212308 of 2021 registered with Valsad Rural Police Station, Valsad for offences punishable under Sections 394, 460, 452, 114 and 450 of the Indian Penal Code.

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/13853/2022 ORDER DATED: 10/10/2022

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) the applicant is in jail since 30.10.2021;

(ii) the investigation is over and the charge-sheet is filed;

(iii) in respect of one antecedent against the present applicant of similar nature, according to learned advocate Ms.Vala for the applicant, the applicant has been acquitted by the trial Court vide judgment dated 06.06.2022 by learned Additional Civil Judge & Judicial Magistrate First Class, Valsad in Criminal Case No.9608 of 2021.

R/CR.MA/13853/2022 ORDER DATED: 10/10/2022

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 C.R.No.11200011212308 of 2021 registered with Valsad Rural Police Station, Valsad 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   Valsad      district    without          prior
                permission of the          Sessions Judge concerned
                till the trial is over;
        [e]     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;

R/CR.MA/13853/2022 ORDER DATED: 10/10/2022

[f] 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.