Sanjaybhai Ramanbhai Bharwad vs State Of Gujarat

Hasmukh D. Suthar, J

Rule returnable forthwith. The learned APP waives service of notice of rule for and 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 I-C.R.No. 11207079210740 of 2021 registered with the Halol Rural Police Station, District : Panchmahals for the offences punishable under Sections 307, 323, 341, 143, 147, 148, 149 & 504 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

The learned advocate appearing on behalf of the applicant submits that after investigation the charge sheet is filed and the case is culminated as Sessions Case No. 89 of 2022 which is pending before the learned 3rd Additional Sessions Judge, Panchmahals at Halol and the matter was fixed on 18.05.2023. On that day, the applicant to remain present before the Court in time but his vehicle was punctured and was late for one hour and meanwhile warrant came to be issued and the applicant was taken into custody. It is submitted that on the same date the applicant preferred an application for bail being Criminal Misc. Application No. 278 of 2023, showing the reasons that his vehicle was punctured, due to which he could not remain present in time but the same was rejected vide order dated 24.05.2023. It is submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

The learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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

I have heard the learned advocates appearing on behalf of the respective parties and going to the record, it appears that the matter was posted on 18.05.2023 before the Lower Court for the opening of the case and the charge is already framed and the applicant was remain present but he was late for one hour. This is not a case due to absence of the applicant the matter could not be proceeded and the witness was present, could not be examined. In other words, there was no any fruitful progress on the same day or there was no any sufficient cause to dispense with the absence of the accused. Even perusing the record, it appears that learned advocate appearing for the applicant-accused was remain absent and the applicant was present before the learned Sessions Judge at 4:30 pm. and his attitude was not fair and the Pleader has forgotten his duty to remain present before the Court, due to only this reason the applicant put behind the bar, litigant has nothing to do with the conduct of the advocate and having no any control. Considering the peculiar facts of the case, I am inclined to allow the present application and the applicant is required to be enlarged on bail.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with -C.R.No. 11207079210740 of 2021 registered with the Halol Rural Police Station, District : Panchmahals, on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand) 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] remain present before the Court regularly.

[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;

[f] 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 this Court;

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 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 observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.

Direct service today is permitted.