Nathekhan Shravankhan Baloch & 1 Other(s) vs State Of Gujarat

B.N. Karia, J

The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with an FIR being

C.R.No.11195009200228 of 2020 registered with Chhapi Police Station, District: Bansakantha for the offence punishable under Sections 379, 285,

120(B) and 34 of the Indian Penal Code; Section 15(2) and 15(4) of Petroleum and Minerals Pipeline Acquisition Right User Inland Act and Section 3

of the Damage of Public Property Act.

Learned advocate for the applicants submits that considering the nature of allegations, role attributed to the applicants, the applicants may be enlarged

on regular bail by imposing suitable conditions. Learned advocate for the applicants further submits that co-accused persons have been released on

regular bail by the learned Sessions Court, Palanpur. Thus on the ground of parity, the present applicants may be released on bail.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State as well as learned advocate for the respondent No.2 have strongly

objected the arguments advanced by learned advocate for the applicants and submitted that the applicants themselves are in possession of the field

from which the offence was committed by them. It is further submitted that the ground of parity would not be available to the present applicants as the

participation in commission of the offence is graver rather than participation of the co-accused, who are released on regular by the learned Sessions

Court, Palanpur. It is further submitted that prima facie involvement of the present applicants is clearly made out by the present applicants from the

investigation and investigation is under progress and therefore, no prayer can be granted at this stage. Hence, it was requested by them to dismiss the

present application.

I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not

invite reasoned order.

Considering the submissions made by learned advocates for the respective parties as well as learned APP for the respondent-State, it appears that

there are 13 accused involved in the present offence as alleged in the report submitted by learned APP for the respondent-State. Out of them, as per

the submissions made by learned advocate for the applicants, five co-accused are already released on regular bail by the learned Sessions Court,

Palanpur and three co-accused are yet to be arrested. From the complaint as well as report submitted by learned APP for the respondent-State, it

appears that identical role was played by the co-accused, who are released on bail by learned Sessions Court, Palanpur. Possession of the property

would be the matter of investigation either from the applicants or from the occupiers. As per the submissions made by learned advocate for the

applicants, before one year of committing of offence, the possession was given to the other occupiers and the applicants were not in occupation of the

land in question. Considering the graving of the offence, involvement of the present applicants in the offence, presence of the present applicants would

not be required to be continued in the judicial custody for a further long period.

In the facts and circumstances of the case and considering the fact that the nature of allegations made against the applicants in the FIR as well as

considering the ground of parity, as the co-accused of this offence have been released on bail by this Court, I am of the opinion that this is a fit case to

exercise the discretion and enlarge the applicants on regular bail.

Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with an FIR being

C.R.No.11195009200228 of 2020 registered with Chhapi Police Station, District: Bansakantha 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 learned Trial Court and subject to the conditions that the

applicants 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 State of Gujarat without prior permission of the Sessions Judge concerned;

[e] furnish latest and permanent 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 this Court;

[f] mark presence before the concerned Police Station fortnightly for a period of six months, between 11:00 a.m. and 2:00 p.m. till filing of the charge-

sheet;

The Authorities 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 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 applicants on bail.

Rule is made absolute to the aforesaid extent.

This order be communicated to the applicants through Jail Authorities by the registry as well as learned Sessions Court concerned.