On July 12th 2024, in a landmark decision of the Gujarat High Court led by the Honorable Mr Justice M.R. Mengdey which granted bail to the applicant who was involved in a major fraud involving high-profile scholarships. The bail was sought by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 which is connected with F.I.R. No. 11211025230280 of 2023 filed with Joravarnagar Police Station, Surendranagar District.
In his submission, the accused’s counsel submitted that the accused has been in remand since 11th January 2024 and investigations have concluded with a charge sheet being filed. The counsel submitted that despite the nature of charges preferred against him the accused is not a flight risk and should be bailed out.
On the other hand, the State argued against the bail request. It pointed out that, the applicant had been in constant communication with the co-accused, who had received government scholarship funds worth over Rs 5 crore but through fake documents in conspiracy. One major ground for opposition of the concerned bail application was that the applicant had allegedly heavily benefitted from the scam.
While deciding, Justice M.R. Mengdey observed that about 1273 prosecution witnesses were named however, only little progress in the investigation process has been shown till now. Justice Mendey further observed that there was no possibility of the trial ending soon.
While allowing the bail application, the court relied on the Supreme Court’s decision in Sanjay Chandra v. C.B.I (2012) 1 SCC 40.
Conditions imposed for the bail are:-
- shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
shall maintain law and order and not to indulge in any criminal activities.
shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change residence without prior permission of the trial Court.
shall provide 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.
shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
shall not leave India without prior permission of the Trial Court
surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect.
Judgment Title & Citation:
Joravarsinh @Jorubha Nandubha Jadav vs. State of Gujarat, R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL – AFTER CHARGESHEET) NO. 13330 of 2024
Cases referred to:
Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40
Legislations referred to:
Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023
Read the complete judgment/order.
Reported by Sakkcham Singh Parmaar.
