Sukhvendrasinh Satbirsing Jat vs. State Of Gujarat

Held

The Court allowed the application for regular bail. The Court considered several aspects: the applicant's period of detention since February 7, 2020; the conclusion of the investigation and filing of the charge-sheet; the absence of criminal antecedents against the applicant; and the applicant not being a habitual offender. The Court found it to be a fit case to exercise discretion and enlarge the applicant on bail, taking into account the submissions made by the applicant's counsel and the facts and circumstances. The Court also referred to the law laid down by the Apex Court in Sanjay Chandra vs. Central Bureau of Investigation. The applicant was ordered to be released on bail upon furnishing a personal bond of Rs. 10,000/- with one local surety, subject to several conditions, including not misusing liberty, not acting prejudicially to the prosecution, surrendering his passport, marking presence at the police station periodically, not leaving India without permission, and not changing his residence without prior permission. The Court also directed adherence to COVID-19 circulars and noted that the trial court would not be influenced by the prima facie observations made in this order.

Facts

The applicant, Sukhvendrasinh Satbirsingh Jat, filed an application under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. The applicant was arrested in connection with FIR CR No.11993004200057 of 2020, registered at Bhachau Police Station for offences under the Gujarat Prohibition Act, 1949. The applicant claimed he was unaware of any prohibited liquor in the truck he was driving, which was hired to transport basmati rice from Haryana to Mundra Port. He stated he was only given GST bills for the rice. The investigation has concluded, and a charge-sheet has been filed. The applicant asserted he is not a habitual offender and has no prior criminal antecedents, having been in jail since February 7, 2020.

Key Issues

1. Whether the applicant, Sukhvendrasinh Satbirsingh Jat, is entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering the facts and circumstances of the case, including the nature of the alleged offences under the Gujarat Prohibition Act, 1949, the applicant's role, his period of detention, and his criminal antecedents? Contentions: Petitioner/Applicant: Argued that considering the nature of the offence, the applicant should be enlarged on bail with suitable conditions. The applicant was unaware of the prohibited liquor in the truck, having been hired only to transport basmati rice and was provided with GST bills for the rice. The investigation is complete, charge-sheet filed, the applicant is not a habitual offender, has no criminal antecedents, and has been in jail since February 7, 2020. Relied on the Apex Court's decision in Sanjay Chandra vs. Central Bureau of Investigation. Respondent/State: Opposed the application, citing the nature and gravity of the offence.