AI Structured Summary
Not yet generated for this judgment
Judgment
Divyesh A. Joshi, J
The applicant has filed this Application under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR No.11217006211024 of 2021 lodged with the Chansama Police Station, Dist.Patan for the offences punishable under Sections 3(1)(ii), 3(2), 3(3), 3(4) of Gujarat Control of Terrorism And Organised Crime Act, 2015.
Heard learned advocate Mr.Siddharth Dave appearing for the applicant. He submitted that other co-accused persons have been considered for grant of regular bail by the learned Special Court as well as by a Coordinate Bench of this Court and, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. He further submitted that the applicant has been arrested in connection with present offence in the Month of August, 2021 and since then he is in custody. The charge-sheet has been filed in an offence registered on 09.12.2021, however, thereafter trial has not proceeded. He further submitted that out of five offences registered against the present applicant after the Act came into force, in four offence applicant has been enlarged on regular bail and in one offence he has been acquitted He, therefore, submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions.
Learned APP opposed the present applicant contending that in the present case, learned Special Court has framed charges against the present applicant accused person and thus trial has already commenced. He also submitted that offences registered against the applicant are of serious in nature and, therefore, submitted that the present application be dismissed.
Heard learned advocates for the respective parties and perused the record.
5.1 The investigation is over and the charge-sheet is also filed. The applicant has been arrested in connection with the present offence on 31.08.2021 and since then the applicant is in custody.
5.2 Upon perusal of the record, it appears that in one of the offences i.e. registered with Sola High Court Police Station bearing FIR No. 11191045210090 of 2021 which was registered for offences punishable under sections 323, 324, 294(b), 427, 506(2) and 114 of the IPC and Section 135(1) of the Gujarat Police Act, the applicant came to be acquitted. From the record it also appears that in rest of the offences, the applicant accused has been enlarged on bail by the trial court.
The record further indicates that the other co-accused has also been released by the Coordinate Bench of this Court vide order dated 07.11.2023. Considering these aspects it appears that the identically situated person who is a kingpin and main gang leader of the organized crime syndicate has already been enlarged on bail by the Coordinate Bench and the role of the applicant-accused is also identical in nature to the said accused. Therefore, considering the principle of law of parity, the present application deserves consideration and accordingly stands allowed. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.15,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that the applicant shall:
(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court.
(d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If the Applicants do not possess passport, shall file an Affidavit to that effect.
Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.
If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicants forthwith only if the Applicants are not required in connection with any other offence for the time being.
At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
Rule is made absolute. Direct service permitted.