Gujarat High Court
Ravirajsinh @ Ravi Gumansinh ... vs State Of Gujarat on 23 September, 2022
Bench: Nirzar S. Desai
R/CR.MA/13256/2022 ORDER DATED: 23/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13256 of 2022
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RAVIRAJSINH @ RAVI GUMANSINH JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR. N. D. NANAVATY, SENIOR ADVOCATE with MR PREMAL S
RACHH(3297) for the Applicant(s) No. 1
MS. M. D. MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 23/09/2022
ORAL ORDER
1. Heard learned Senior Advocate Mr. N. D. Nanavaty with
learned advocate Mr. Premal S. Rachh for the applicant and
learned Additional Public Prosecutor Ms. M. D. Mehta for the
respondent - State.
2. This application is filed by the applicant under Section 439 of
the Code of Criminal Procedure, 1973 for regular bail in
connection with FIR registered at C.R.No. 11202057220168 of
2022 with Sikka Police Station, District - Jamnagar for the
offence punishable under Sections 323, 504, 427 and 114 of
the Indian Penal Code and under Section 135 (1) of the
Gujarat Police Act.
3. Learned advocate for the applicant submitted that, the
R/CR.MA/13256/2022 ORDER DATED: 23/09/2022
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 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 opposed grant of regular bail looking to the nature and
gravity of the offence.
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 :-
[a] The applicant is in jail since 26.04.2022.
[b] Investigation is over and charge-sheet is filed.
[c] Though the offence is under section 307 of the Indian
Penal Code, as per the FIR itself, the present applicant was
carrying sword and he had given blow on the lower part of the
legs which is a non vital part of the body.
[d] Learned Senior Advocate Mr. N. D. Nanavaty for the
applicant points out that all other three co-accused who are
named in the FIR are released by the Coordinate Bench of this
Court.
R/CR.MA/13256/2022 ORDER DATED: 23/09/2022
[e] The aforesaid facts is substituted and by common order
passed in respect of the bail application preferred by Jafar
Vasha and Ravirajsinh Ghelubha Ker who have been enlarged
on bail by the Coordinate Bench of this Court vide order dated
20.06.2022 passed in Criminal Misc. Application No. 10791
of 2022, the order is produced on record.
[f] According to learned Senior Advocate Mr. Nanavaty,
Jayrajsinh Gumansinh Jadeja has been released by the
Coordinate Bench of this Court vide order dated 22.09.2022
passed in Criminal Misc. Application No.15394 of 2022.
[g] Learned Senior Advocate Mr. Nanavaty has submitted
that though there are seven antecedents against the present
applicant in respect of other co-accused, there were more than
seven antecedents, yet the Coordinate Bench has considered
his case whereas out of seven antecedents, the present
applicant has already been acquitted in respect of an offence
registered under section 302 of the Indian Penal Code by way
of judgment dated 29.10.2021 passed by the 3 rd Additional
Sessions Judge, Jamnagar below Exh. 252 in Sessions Case
No. 15 of 2014.
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
R/CR.MA/13256/2022 ORDER DATED: 23/09/2022
regular bail. Hence, present application is allowed and the
applicant is ordered to be released on regular bail in
connection with FIR registered at C.R.No. 11202057220168
of 2022 with Sikka Police Station, District - Jamnagar 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 the
applicant 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] not leave India without prior permission of the Sessions
Judge concerned;
[d] surrender passport, if any, to the lower court within a
week;
[e] furnish the present address of residence along with the
proof to the Investigating Officer concerned and also to
the Court at the time of execution of the bond and shall
not change the residence without prior permission of the
Sessions Court concerned;
[f] mark his presence before the concerned police station in
the first week of every month till the trial is over;
[g] appear before the Investigating Officer concerned, as
and when required for investigation purpose and attend
R/CR.MA/13256/2022 ORDER DATED: 23/09/2022
the Court concerned regularly.
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.
8. 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.
9. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent.
Direct service is permitted.
(NIRZAR S. DESAI,J)
VARSHA DESAI
