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2025 DAILYLAW 8811 (GUJ)

HIRABHAI BHALABHAI JOGRANA v. STATE OF GUJARAT

CR.MA/16038/2025 · 2025-10-16

Niral R Mehta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/CR.MA/16038/2025 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 16038 of 2025 ========================================================== HIRABHAI BHALABHAI JOGRANA Versus STATE OF GUJARAT ========================================================== Appearance: MR. ASHOK A PUROHIT(6267) for the Applicant(s) No. 1 MR UTKARSH SHARMA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 16/10/2025 ORAL ORDER 1. The present successive bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for regular bail in connection with FIR being C.R. No.11211031220012 of 2022 registered with Limbdi Police Station, Surendranagar for offence under Sections 307, 326, 323, 504, 506(2), 427, 143, 147, 148 and 149 of the Indian Penal Code and Section 135 of the Gujarat Police Act. 2. Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. R/CR.MA/16038/2025 ORDER DATED: 16/10/2025 3. Learned Additional Public Prosecutor Mr.Utkarsh Sharma appearing on behalf of the respondent - State has opposed grant of regular bail looking to the nature and gravity of the offence. 4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 5. 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 applicant on regular bail. 6. This Court has considered following aspects, (a) The applicant is in jail since 17th January, 2022; (b) The investigation is over and the charge- sheet has been filed; (c) Since the investigation is over, nothing R/CR.MA/16038/2025 ORDER DATED: 16/10/2025 further requires to be recovered and/or discovered at the instance of the present applicant and thereby no fruitful purpose would be achieved by keeping the applicant in jail; (d) As sufficient time of three-and-half years has been passed by now and the trial is progressing slowly and thereby in near future it cannot be concluded; (e) Other similarly situated persons having somewhat similar role have already been released on bail, thereby on the ground of parity also, the applicant is required to be released on bail. 7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation [(2012)1 SCC 40]. 8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11211031220012 of 2022 registered with Limbdi Police Station, Surendranagar, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the R/CR.MA/16038/2025 ORDER DATED: 16/10/2025 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; (c) surrender passport, if any, to the Trial Court within a week; (d) not leave India without the prior permission of the Trial Court concerned; (e) cooperate in the trial and shall remain present during the trial without fail; (f) furnish the present address of his 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 Trial Court. 9. The authorities shall release the applicant only if he is not required in R/CR.MA/16038/2025 ORDER DATED: 16/10/2025 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. 10. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court in the present order. 11. Rule is made absolute to the aforesaid extent. Direct service is permitted. 12. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith. (NIRAL R. MEHTA,J) ANUP Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANUP VYOMESH PARIKH(HC00956), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/10/2025 18:02:44