State Of Gujarat vs Mukesh Shivajibhai Bagul
2024 Latest Caselaw 1060 Guj

Gujarat High Court

State Of Gujarat vs Mukesh Shivajibhai Bagul on 7 February, 2024

                                                                                 NEUTRAL CITATION




     R/CR.MA/11843/2021                            ORDER DATED: 07/02/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
                        11843 of 2021
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                             STATE OF GUJARAT
                                   Versus
                          MUKESH SHIVAJIBHAI BAGUL
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Appearance:
MS ASMITA PATEL, APP for the Applicant(s) No. 1
CHINTAN K GANDHI(8600) for the Respondent(s) No. 1
MR. MAHITOSH U SINGH(7015) for the Respondent(s) No. 1
MR. MH SHEKHAWAT(7194) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 07/02/2024

                                ORAL ORDER

1. By way of the present petition under Section 439(2) of the Code of Criminal Procedure, 1973, the petitioner State has prayed to quash and set aside the order dated 20.04.2021 passed by the learned Additional Sessions Judge, Surat in Criminal Misc. Application No.1898 of 2021, whereby the learned Session Judge has granted anticipatory bail to the respondent - original accused.

2. Heard learned APP for the petitioner State.

3. In Bhagwan Singh v Dilip Kumar @ Deepu @ Depak reported in 2023 INSC 7613, the Hon'ble Apex Court after considering judgment in case of Dolat Ram v State of Haryana, (1995) 1 SCC 349; Kashmira Singh v Duman Singh, (1996) 4 SCC 693 and X v State of Telangana, (2018) 16 SCC 511, held as follows:

NEUTRAL CITATION

R/CR.MA/11843/2021 ORDER DATED: 07/02/2024

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'13. It is also required to be borne in mind that when a prayer is made for the cancellation of grant of bail cogent and overwhelming circumstances must be present and bail once granted cannot be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it in conducing to allow fair trial. This proposition draws support from the Judgment of this Court in Daulat Ram and others v. State of Haryana reported in (1995) 1 SCC 349, Kashmira Singh v. Duman Singh (1996) 4 SCC 693 and xxx v. State of Telangana (2018) 16 SCC

511.'

4. Learned APP though strongly argued to cancel the bail on submission that the learned Sessions Court while granting bail did not consider the factors to be considered for granting or rejecting the bail, has failed to submit any supervening circumstances being rendered it in conducing to allow fair trial.

5. Learned APP submitted that learned Trial Court ought to have considered that respondent accused is involved in prohibition offences at various districts and there are antecedents of the respondent - accused and therefore, it is urged to allow this petition and to cancel the bail granted to the accused.

6. Thus, this Court finds no circumstances to adjudge the impugned order as unjust and contrary to the settled principles of law. As held earlier, the petitioner has failed to point out supervening circumstances, which may interfere with the fair trial.

NEUTRAL CITATION

R/CR.MA/11843/2021 ORDER DATED: 07/02/2024

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7. Before parting with the order, I may also refer the observations made in the recent decision by the Hon'ble Apex Court in case of Kekhriesatuo Tep and others Vs.National Investigating Agency reported in (2023) 6 SCC 58. The relevant observation made in para 20 reads as under:-

"20. An interference by an Appellate Court and particularly in a matter when liberty granted to a citizen was being taken away would be warranted only in the event the view taken by the Trial Court was either perverse or impossible. On this limited ground, we find that the appeals deserve to be allowed."

8. Resultantly, present petition fails and stands dismissed. Notice discharged.

(J. C. DOSHI,J) SATISH