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2022 Supreme(Online)(Guj) 918
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
IJV
JAYDIPBHAI ZAVERBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 16201 of 2022 =============================================
JAYDIPBHAI ZAVERBHAI PATEL Versus STATE OF GUJARAT =============================================
Appearance:
MR ADIL R MIRZA(2488) for the Applicant(s) No. 1 for the Respondent(s) No. 2 MS.KRINA CALLA APP for the Respondent(s) No. 1 =============================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 05/09/2022
ORAL ORDER
1. Heard learned advocate for the applicant and learned APP for the respondent – State.
2. Rule. Learned APP waives service of notice of rule for and on behalf of respondent – State.
3. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R.No. 11200018220788 of 2022 registered with Dharmpur Police Station, Dist. Valsad for the offence punishable under Sections 11(d), (e) of the Prevention of Animal From Cruelty Act, Sections 6-A, 8(1)(4) & 10 of the Gujarat Animal Preservation Act, 2011, Section 6(A) of Gujarat Animal Preservation (Amendment) Act, 2017 as well as Section 119 of Gujarat Police Act and Sections 123 & 192 of the Motor Vehicles Act.
4. It is the submission of learned counsel for the applicant that he is suffering confinement since 14.08.2022. Hence, further detention of the applicant is unwarranted.
5. Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.
6. Having considered the contents of the FIR, it appears that the applicant was found with transporting livestock animal without requisite permission. The applicant does not have any past antecedent as submitted by learned advocate for the applicant and investigation is virtually over. Under such circumstances, considering the role attributed to the applicant herein and evidence in support of charge, without discussing the evidence in detail, prima facie, this Court is of the view that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
7. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No. 11200018220788 of 2022 registered with Dharmpur Police Station, Dist. Valsad, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;
No.
Conditions
(a)
not take undue advantage of liberty or misuse liberty;
(b)
not act in a manner injuries to the interest of the prosecution;
(c)
surrender 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 to the Investigating OfÏcer 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;
8. The authorities shall release the applicant if he is not required in connection with the any other offences. If breach of any above condition is committed, the learned Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Rule is made absolute to the aforesaid extent.
9. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Registry to send a copy of this order to the concerned Jail Authority as well as learned Sessions Court forthwith through fax and e-mail.
Direct service is permitted.
(ILESH J.
