'No Pre-Trial Punishment': Guj HC Grants Bail To Accused In Assault Case

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‘No Pre-Trial Punishment’: Guj HC Grants Bail To Accused In Assault Case

| Updated: June 7, 2022 13:12

The Gujarat High Court granted bail to an accused applicant who has been booked in an assault case for causing grievous hurt through criminal intimidation, upon execution of a personal bond of Rs10,000. The Court observed that “jail is an exception and there should not be pre-trial punishment“. 

During the hearing, the applicant’s advocate, Kishan H Daiya, reiterated that the accused has no connection to the crime in question. “The applicant has no antecedents. Moreover, the applicant has family roots in the society and therefore, the applicant is not likely to flee away from justice. The investigation is over and the charge sheet in the case has already been filed. The applicant will abide by whatever conditions are imposed by the Court,” he said.

On the other hand, the public prosecutor for the respondent state, Manan Mehta, opposed the bail plea arguing that from the charge sheet papers, the prima facie case is made out against the present applicant. In the FIR the applicant has been charged under Sections 323, 324, 326, 504, 506(2) and 114 of the Indian Penal Code (IPC) Section 135 (1) of the Gujarat Police Act.

Nevertheless, the bench of Justice Ashokkumar C Joshi stated, “Taking into consideration the facts of the case, nature of allegations, the gravity of accusation, availability of the applicant at the time of trial, the applicant has no antecedents and the injured being discharged from the hospital, the applicant is eligible to be released on regular bail in connection with the above-referred FIR, on executing a personal bond of Rs10,000.”

The Court observed the law laid down by the Apex Court in the case of Sanjay Chandra v. C.B.I. as reported in (2012) 1 SCC 40, wherein it is held that bail is a rule and jail is an exception and there should not be pre-trial punishment. Justice Ashokkumar granted bail with the following conditions:

(a) Not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence

(b) Maintain law and order and not indulge in any criminal activities

(c) Furnish the documentary proof of complete, correct and present address of his residence to the Investigating Officer and to the trial Court at the time of executing the bond and shall not change his residence without prior permission of the trial court

(d) Provide his contact numbers as well as the contact numbers of the sureties before the trial Court. In case of change in such numbers inform in writing immediately to the trial Court

(e) File an affidavit stating his immovable properties whether self-acquired or ancestral with description, location and the present value of such properties before the trial Court if any

(f) Not leave India without prior permission of the trial court

(g) Surrender passport, if any, before the trial Court within a week. If he does not possess a passport, he shall file an affidavit to that effect

(h) Mark presence before the concerned police station once a month between 11:00 a.m. and 2:00 p.m. for a period of one year or till the trial is over, whichever is earlier

(g) Shall maintain all the rules and regulations framed by the Municipality regarding the contemporary status of coronavirus, State Government or by any competent authority, including social distancing 

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