State Of Gujarat vs. Jagdish Durgaram Jat
Facts
The State of Gujarat filed an application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of regular bail granted to the respondent, Jagdish Durgaram Jat. The respondent was arrested on November 6, 2020, in connection with offences punishable under Sections 132(1)(b) and 132(1)(c) of the Gujarat Goods and Services Tax Act, 2017. The State contended that the respondent attempted to tamper with evidence during the investigation and that the City Sessions Court, Ahmedabad, erred in granting bail by failing to consider the seriousness of the allegations. The Sessions Court had enlarged the respondent on bail on January 25, 2021, after considering the investigation, the fact that the investigation qua the respondent was over, and that co-accused with similar allegations had also been granted bail.
Held
The High Court dismissed the application filed by the State of Gujarat for cancellation of bail. The Court found no error in the order passed by the City Sessions Court, Ahmedabad, granting regular bail to the respondent. The reasoning of the Sessions Court, which included the completion of the investigation concerning the respondent, the grant of bail to co-accused facing similar allegations, and consideration of various judicial precedents from the High Court and the Supreme Court, was found to be sound. The Sessions Court had also taken into account the punishment prescribed for the alleged offences before imposing terms and conditions for bail. The High Court concluded that the impugned order did not warrant interference. No specific issue was left undecided.
Key Issues
1. Whether the City Sessions Court, Ahmedabad, committed an error in enlarging the respondent accused on regular bail by failing to consider the seriousness of the allegations levelled against him, thereby warranting cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973? Contentions: Petitioner (State of Gujarat): The respondent was arrested for serious offences under the Gujarat Goods and Services Tax Act, 2017, and attempted to tamper with evidence. The Sessions Court ought to have considered the gravity of these allegations before granting bail. The impugned order granting bail requires cancellation. Respondent (Jagdish Durgaram Jat): The judgment does not record any specific arguments made by the respondent's counsel. However, the High Court's reasoning indicates that the Sessions Court considered the investigation being over, the bail granted to co-accused, and relevant legal precedents.
Sections Cited
Section 439(2), Section 132(1)(b), Section 132(1)(c)
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Cause title — parties, addresses and appearances
ORAL ORDER
This application is filed under Section 439(2) of the Code of Criminal Procedure, 1973, (“the Code” for short) for quashing and setting the order dated 25.01.2021 passed by the City Sessions Court, Ahmedabad, in Criminal Misc. Application No.7988 of 2020 whereby the respondent accused has been enlarged on regular bail. The applicant State has preferred the present application with a further request that the bail granted by the concerned Sessions Court to the respondent accused be cancelled on the grounds stated in the memo of the application.
Heard Ms. Moxa Thakkar, learned A
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