[Cites 2, Cited by 0]
Gujarat High Court
Sureshbhai Ramchand Tolani vs State Of Gujarat on 27 March, 2026
NEUTRAL CITATION
R/CR.MA/6605/2026 ORDER DATED: 27/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 6605 of 2026
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SURESHBHAI RAMCHAND TOLANI
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR.KRUTIK PARIKH, APP for the Respondent(s) No. 1
MR.L.V.PATEL, ADVOCATE for MR.R.J.GOSWAMI, ADVOCATE for the
Complainant
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 27/03/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf
of the respondent-State.
3. The applicant has filed this application under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 06 of 2025 registered
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with Vadodara City A.C.B. Police Station, Vadodara, for
the offence punishable under Sections 7A of the
Prevention of Corruption Act, 1988 (Amendment, 2018).
4. Heard learned advocate Mr.P.P.Majmudar on behalf
of the applicant who has submitted that the investigation
is over and charge-sheet has been filed. Hence, further
incarceration of the applicant will not benefit the
Investigating Officer in any manner. The applicant is
ready and willing to abide by any condition which may be
imposed by this Court, if released on bail. Mr.Majmudar
further submitted that the offense against the applicant
would be under Sections 7A of the Prevention of
Corruption Act, 1988 (Amendment, 2018), and in absence
of any public servant being implicated, the said offense
against the applicant who is not a public servant, will not
hold good. Accordingly, Mr.Majmudar has urged to allow
the application and release the applicant on bail subject
to necessary conditions. Learned advocate Mr.Majmudar,
upon instructions, has submitted that the applicant would
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remain present before the FSL, Gandhinagar, for his
voice spectrography test.
5. As against the same, learned Additional Public
Prosecutor appearing for the respondent - State has
vehemently objected to the grant of regular bail. Learned
APP has submitted that looking to the nature of offence
and the role attributed to the present applicant as coming
out from the charge-sheet, this Court may not exercise
discretion in favour of the applicant and the application
may be dismissed.
6. Learned advocate Mr.L.V.Patel appearing for
Mr.R.J.Goswami learned advocate for the original
complainant has drawn the attention of the Court towards
the affidavit filed by the son of the original complainant,
whereby, the present bail application has been strongly
opposed by him. Mr.Patel has submitted that though it
was P.I. Mr.Vasava of Varasiya Police Station who had
demanded the bribe of Rs.5 lakhs, the Investigating
Officer has not made him an accused and instead shown
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R/CR.MA/6605/2026 ORDER DATED: 27/03/2026
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him as a prosecution witness. Mr.Patel has drawn the
attention of the Court towards the averments of para 9 of
the affidavit of the original complainant's son, wherein, it
has been mentioned that P.I. Mr.S.M.Vasava was the
accused in the offense and ought to have been arrested
by the Investigating Officer, however, has not done so
and instead, has shown him as prosecution witness.
Accordingly, Mr.Patel has urged this Court to reject this
bail application.
7. I have heard learned advocates appearing on behalf
of the respective parties and perused the papers.
Following aspects are considered:-
i. The applicant is a permanent resident of Vadodara,
hence would be available at the time of trial;
ii. The applicant does not have any criminal
antecedents.
iii. No further recovery or discovery is to be affected
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from the applicant.
iv. The original complainant is at liberty to redress his
grievance as regards PI of Varasiya Police Station
Mr.S.M.Vasava's alleged involvement in the offense,
before the appropriate forum.
This Court has taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. Central Bureau of Investigation reported
in [2012] 1 SCC 40.
8. In the facts and circumstances of the case and
considering the nature of the allegations made against
the applicant in the First Information Report, without
discussing the evidence in detail, prima facie, this Court
is of the opinion that this is a fit case to exercise the
discretion and enlarge the applicant on regular bail.
9. Hence, the present application is allowed. The
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applicant is ordered to be released on bail in connection
with FIR being C.R. No. 06 of 2025 registered with
Vadodara City A.C.B. Police Station, Vadodara, on
executing a bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand only) with one surety of the like amount to the
satisfaction of the 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 passport, if any, to the lower court within
a week, and if he does not possess a passport, he shall
file an affidavit to that effect;
[d] not leave the State of Gujarat without prior
permission of the Sessions Court concerned;
[e] furnish the present address of his residence to the
I.O. and also to the Court at the time of execution of
the bond and shall not change his residence without
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prior intimation to the I.O. and the court;
[f] mark presence on every Monday before the
concerned police station for one year.
[g] upon being summoned by the Investigating Officer,
shall co-operate and remain present before the FSL,
Gandhinagar, for rendering his voice samples for voice
spectrography test, without fail.
10. 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 Sessions Court concerned will be free to
take appropriate action in the matter.
11. Bail bond to be executed before the 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.
12. At the stage of trial, the trial court shall not be
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influenced by any observations of this Court which are of
preliminary nature, made at this stage only for the
purpose of enlarging the applicant on regular bail.
13. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
