Back
2025 Supreme(GUJ) 906
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 549 of 2018 ==========================================================
MINOR JIGARBHAI @ JIGO S/O DHIRUBHAI MAGANBHAI BAMBHANIYA THROUGH DHIRUBHAI MAGANBHAI BAMBHANIYA Versus STATE OF GUJARAT ==========================================================
Appearance:
TATVDEEP J JANI(7227) for the Applicant(s) No. 1 MR. MANAN MAHETA, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================
CORAM: HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 25/03/2025
The court emphasized the importance of setting conditions for bail to prevent misuse of liberty while considering the age of the accused and the nature of the charges.
Headnote:(A) Indian Penal Code - Sections 307, 324, 504, 506(2), 114 - Gujarat Police Act - Section 135 - Revision application challenging the legality of the order rejecting bail for a minor accused - The applicant, aged 17 years and 3 months, was arrested and placed in an Observation Home following a complaint leading to FIR under IPC and Gujarat Police Act. (Paras 2-4)
(B) Bail - Conditions for granting bail - The court emphasized the need for conditions to prevent misuse of liberty and protect the prosecution's interests. (Paras 6)
Facts of the case:
The complainant filed an FIR against the applicant and others, leading to the applicant's arrest and subsequent rejection of bail by the Juvenile Justice Board.
Findings of Court:
The court found it appropriate to grant regular bail to the applicant, confirming the interim relief previously granted.
Issues: The main issue was whether the applicant should be granted bail considering his age and the nature of the charges.
Ratio Decidendi: The court held that the discretion to grant bail should be exercised judiciously, ensuring conditions are set to prevent misuse of liberty.
Result: Revision application allowed, and regular bail granted under specified conditions.
ORDER :
1. By way of present revision application, challenge is to the legality and validity of the order dated 4.5.2018 passed in Criminal Appeal No. 51 of 2018 by the learned Additional Sessions Judge, Bhavnagar.
2. The brief facts leading to filing of the present revision application is that the complainant Mr. Sunilbhai Baljitsinh Jat had filed an First Information Report with Nilambaug Police Station, Bhavnagar on 4.4.2018 against the present applicant and other accused, which led to filing of the aforesaid First Information Report being I C.R. No. 82 of 2018 under the provisions of Sections 307, 324, 504, 506(2) and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act. As the present applicant was 17 years and 3 months, the police authority arrested the applicant and handed over the custody of the applicant to the learned Principal Magistrate, Juvenile Justice Board, Bhavnagar and since then the applicant was in Observation Home.
3. Pursuant to the arrest of the applicant, bail application came to be preferred by the applicant before the learned Principal Magistrate, Juvenile Justice Board, Bhavnagar, which was rejected by the learned Principal Magistrate, Juvenile Justice Board, Bhavnagar by order dated 19.4.2018.
4. Being aggrieved and dissatisfied with the order of rejection by the Principal Magistrate, Juvenile Justice Board, Bhavnagar, the applicant preferred an appeal before the learned Sessions Judge, Bhavnagar being Criminal Appeal No. 51 of 2018, which was rejected by order dated 4.5.2018, which is impugned in the present revision application.
5. While passing interim order on 10.5.2018, this Court had granted interim relief by granting regular bail to the present applicant on the condition of executing fresh bond of Rs. 10,000/- (Rupees Ten Thousand Only).
6. Today, Mr. Manan Maheta, learned Additional Public Prosecutor has submitted at bar that there is no untoward incident recorded by the present applicant and the trial is in process. In view of the same, it would be imperative to confirm the interim relief which was granted to the present applicant without discussing the evidence in detail. This Court is of prima-facie opinion that this is a fit case to exercise the discretion to enlarge the present applicant on regular bail, subject to the condition that the applicant 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 his passport, if any, to the lower court within a week;
[d] not leave India without prior permission of the Sessions Judge concerned;
[e] furnish latest address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court;
7. In view of the above, the present revision application is allowed to the aforesaid extend. Rule made absolute.
