Hemaram Likhmaram Chodhari (Jant) vs State Of Gujarat

Niral R. Mehta, J

Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.J.K. Shah waives service of notice of Rule on behalf of the respondent-State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.11199006220382 of 2022 registered with Ankleshwar Rural Police Station, District – Bharuch for offence under Sections 379, 407, 114 of the Indian Penal Code.

Learned advocate appearing on behalf of the applicants submit that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.

This Court has considered following aspects,

(a) The applicants are in jail since 12th April, 2022;

(b) Investigation is practically over, however chargesheet is yet not filed;

(c) Considering the version of F.I.R. and the investigation papers, it appears that theft is taken place of goods worth Rs.09,375/- out of Rs.41,23,600/- and rest of the goods are recovered from the applicants on the spot. Thus, no further recovery and/or discovery is to be made from the applicants and thereby no further custodial interrogation is required;

(d) The maximum punishment prescribed is of seven years and the offence is predominantly triable by Magistrate court as also keeping in mind the pendency of cases, trial is not like to over in near future, the application deserves to be considered.

In the facts and circumstances of the present case and considering the role attributed to the applicants and the allegations levelled against them, the case of the applicants deserve consideration and, therefore, I am inclined to consider the case of the applicants.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being C.R.No.11199006220382 of 2022 registered with Ankleshwar Rural Police Station, District – Bharuch on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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;

[d] not leave the India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] not enter into Bharuch District;

[g] furnish the present 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 concerned trial court.

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicants only if they are 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 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, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.