CR.

MA/10031/2005

1/8

ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 10031 of 2005 ========================================================= JAYRAJSINH TEMUBHA JADEJA - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) =========================================================
Appearance :

Mr.N.D.Nanavati, Senior Advocate with Mr. Anshin H. Desai for the

Applicant. Mr. K.C.SHAH, Addl. PUBLIC PROSECUTOR for Respondent no.1. MR BHARAT T RAO for Respondent no.2.

========================================================= CORAM : HONOURABLE MR.JUSTICE DN PATEL

Date : 01/08/2006

ORAL ORDER

The present application has been preferred under section 439 of the Code of Criminal Procedure for getting regular bail in connection with the offence registered against the present applicant bearing Cr. No. I/25 of 2004 registered with Gondal city police station.

2.

The learned Senior Advocate Mr. N.D.Nanavati for

the applicant submitted that initially, an application was preferred before this Court which was not allowed by this Court vide order dated 14th September, 2004.

Thereafter, the matter was carried upto Hon'ble Supreme Court and in Special Leave Petition (Criminal) No. 1633 of 2005 in which vide order dated 18th February, 2005, liberty was granted to the
CRIMINAL MISC.APPLICATION/10031/2005

applicant to renew the bail

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ORDER

application before this Court, after four months. In view of these facts, the present bail application has been

preferred. The order passed by the Hon'ble Supreme Court is at Annexure B to the memo of the present

application. It is submitted by the learned advocate for the applicant that the applicant is in jail since 28 th March, 2004. No The Sessions has two case been years' has not yet by been the

commenced. prosecution.

witness than

examined period has

More

already

lapsed and therefore, the applicant may be enlarged on bail with all necessary stringent conditions. It is also submitted by the learned advocate for the applicant that this Court has twice enlarged the present applicant on temporary bail, once, vide order dated 23.12.2005 in

Criminal Miscellaneous Application no. 14673 of 2005 for the period from 27th December, 2005 to 27th January, 2006 and secondly, vide order dated 3.3.2006 in Criminal

Miscellaneous Application no. 1815 of 2006 for the period from 6.3.2006 to 5.4.2006. Thus, on all the occasions, with very high stringent conditions, the present

applicant was enlarged on temporary bail. The conditions of bail were fulfilled by the present applicant. No

breach of any of the conditions was committed by the applicant. He has surrendered in time before the jail authority. The condition as to mark his presence twice a

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ORDER

week

was

also

complied

with

scrupulously

during

the

aforesaid two periods. As the Sessions case has not yet commenced and as this Court has already tested the

present applicant by granting of temporary bail on two occasions, the applicant may be enlarged on regular bail with same type of conditions. According to him, the

applicant shall be available at the time of trial and shall not tamper with the prosecution evidence. It is also submitted by the learned Senior Advocate Mr.

Nanavati that initially when the applicant was enlarged on temporary bail for the period of one month, criminal complaint bearing Cr. No. I. 102 of 2004 was registered by the respondent complainant. However, the present

applicant is not involved in this case. Charge-sheet is already persons filed and in that the complaint which involves It is other also

not

present

applicant.

submitted by him that one co-accused of the present case has been enlarged on bail by the Hon'ble Supreme Court vide order dated 30th January, 2006 in Special Leave

Petition (Criminal) No. 4425 of 2005 and therefore, as a cumulative effect of the aforesaid facts and

circumstances, regular bail may be granted to the present applicant.

3.

I have also heard the learned Additional Public

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Prosecutor Mr. K.C.Shah for the respondent no.1 State who has submitted that earlier bail application filed by the applicant has already been dismissed. Sessions case has already been committed to the Sessions Court. There is no change in circumstances and therefore, this application also deserves to be dismissed by this Court.

4.

I have also heard the learned advocate Mr.

B.T.Rao for the original complainant who has submitted that during intervening period of one month, an offence being Cr. No. I 102 of 2004 was registered against the present misused submitted applicant. liberty by the Thus, the by present Court. Mr. applicant It Rao is for has also the

granted learned

this advocate

original complainant that when on earlier occasion, bail for one month was was not granted joined as to a the applicant, the and

complainant

party-respondent

therefore, an application for cancellation of bail was preferred which was disposed of by this Court as having become infructuous because the applicant had surrendered to judicial custody upon completion of period of one

month. Thirdly, it is submitted by the learned advocate Mr. Rao for the original complainant that the bail

granted by the Hon'ble Supreme Court

to one of the co-

accused in SLP (Criminal) No. 4425 of 2005 vide order

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ORDER

dated 30th January, 2006 was on health ground of that coaccused. for the Lastly, it is submitted by the learned advocate original has complainant rejected that by earlier Court bail and

application

been

this

thereafter, there is no change in the circumstances and therefore, allowed by the this present Court. bail He application also may not be

has

submitted

written

arguments and has also relied upon certain judgments of the Hon'ble Supreme Court as well as of this Court.

5.

Having heard the learned advocates for the

rival sides and looking to the facts and circumstances of the case, it appears that the applicant is in judicial custody since March, 2004. Sessions case has not yet

commenced and no prosecution witness has been examined. Moreover, this Court has twice granted temporary bail to the present applicant, initially for the period from 27th December, 2005 to 27th January, 2006 with stringent

conditions and the present applicant had surrendered to the judicial custody in for time the without second any time breach also, of

conditions.

Similarly,

this

Court had granted temporary bail to the present applicant for the period from 6th March, 2006 to 5th with stringent had conditions surrendered and to at that time March, 2006 also, in the time

applicant

judicial

custody

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ORDER

without any breach of conditions. The offence being Cr. No. I. 102 of 2004 was registered in the intervening

period wherein charge-sheet has already been filed which is not against the present applicant. Thus, twice this Court has tested the present applicant for one month. On each of the occasions, the conditions imposed by this Court have been fulfilled and obeyed by the applicant coupled with the fact that no prosecution witness has yet been examined though period of more than two years have elapsed.

6.

In view of the above facts and circumstances of

the case, this application is required to be allowed and the applicant is the required applicant to is be enlarged on bail. to be

Accordingly,

hereby

ordered

enlarged on bail

in pursuance of the offence registered

bearing C.R. No. I 25 of 2004 at Gondal police station on his furnishing a bond of Rs. 50,000/(Rs. Fifty

thousand) and solvent surety of the like amount, on the following terms and conditions that he shall: (a) not take undue advantage of his liberty or abuse (b) his liberty;

not act in a manner injurious to the of the prosecution;

interest

(c) maintain law and order;

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(d)

mark his presence on every Tuesday and in a week at sector 21 police

Friday station,

Gandhinagar between 9.00 a.m. to

2.00 p.m.; (e) prior not leave the State of Gujarat without permission of the Sessions Court

concerned; (f) furnish the address of his residence

at the time of execution of the bond and shall not change the residence without

prior permission of this Court; (g) not enter into the local limits of

district Rajkot without prior permission of this Court, but for attending the Court in connection with this case he will be free to enter the limits for a period to the extent necessary and will leave the limits thereafter adjourned; (h) surrender his passport, if any, to soon after the case is

the lower court within a week.

7.

In

case

of

breach

of

any

of

the

above

conditions, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in this

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ORDER

matter.

8.

Bail before the lower court having jurisdiction

to try the case. Rule made absolute accordingly. Direct service is permitted.

9. original

At

this

stage,

the to

learned stay

advocate this order

for

the a

complainant

prays

for

period of 15 days, to which the learned advocate for the applicant has strongly objected. In view of the facts stated hereinabove, the request made by the learned

advocate for the original complainant is not accepted.

(D.N.Patel,J)

***darji

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