Kalpeshbhai @ D.I. Mahendrakumar Patel vs The State Of Gujarat on 22 January, 2025

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Supreme Court – Daily Orders

Kalpeshbhai @ D.I. Mahendrakumar Patel vs The State Of Gujarat on 22 January, 2025

Bench: J.K. Maheshwari, Aravind Kumar

     ITEM NO.3                            COURT NO.7                     SECTION II-B

                                 S U P R E M E C O U R T O F          I N D I A
                                         RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.) No. 16794/2024

     [Arising out of impugned final judgment and order dated 23-10-2024
     in CRMA No. 15831/2024 passed by the High Court of Gujarat at
     Ahmedabad]

     KALPESHBHAI @ D.I. MAHENDRAKUMAR PATEL                                Petitioner(s)

                                                    VERSUS

     THE STATE OF GUJARAT                                                  Respondent(s)

     (IA   No.    278267/2024   -                   PERMISSION     TO      FILE   ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 22-01-2025 This matter was called on for hearing today.

     CORAM :               HON'BLE MR. JUSTICE J.K. MAHESHWARI
                           HON'BLE MR. JUSTICE ARAVIND KUMAR


     For Petitioner(s) :
                                      Mr. Siddharth Luthra, Sr. Adv.
                                      Mr. Sameer Kumar, AOR
                                      Mr. Bhavin Satwara, Adv.
                                      Ms. Somi Sharma, Adv.
                                      Mr. Maulik Sayni, Adv.


     For Respondent(s) :
                                      Ms. Swati Ghildiyal, AOR
                                      Ms. Devyani Bhatt, Adv.
                                      Ms. Srujana Suman Mund, Adv.


                            UPON hearing the counsel the Court made the following
                                               O R D E R

1) Against rejection of successive application for

regular bail by the High Court, the present special leave
Signature Not Verified

Digitally signed by
NIDHI AHUJA
Date: 2025.01.24
petition has been filed seeking bail.

17:18:12 IST

Reason:

2) The petitioner is in custody w.e.f. 27.06.2023 in

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SLP (Crl.) No. 16794/2024

connection with FIR No.11191045221193/2022 dated 28.12.2022

for the offences punishable under Sections 419, 420, 465,

468, 471 and 120B of the Indian Penal Code, 1860, and

Section 12 of the Passports Act, 1967, registered with Sola

High Court Police Station, Ahmedabad.

3) Having considered the submissions made by the learned

counsel for the parties and taking note of the period of

incarceration and also considering the fact that while

disposing of the previous special leave petition(SLP

(Crl.)No. 1893/2024) filed by the petitioner, we had

observed that in case the trial is not concluded within a

period of four months, the petitioner would be at liberty to

renew the prayer before the High Court and such prayer

having been made has been negatived by the High Court we are

of the view that notwithstanding, the earlier bail

application having been rejected, petitioner is entitled for

being enlarged on bail on trial is not concluded. Hence,

without expressing any opinion on the merits of the case, we

deem it proper to release the petitioner on bail.

4) Accordingly, we direct to release the petitioner on

bail on furnishing the suitable bail bonds and sureties and

on such other terms and conditions as deemed fit by the

trial Court.

5) Petitioner to abide by all the conditions so imposed

and shall regularly attend the trial until exempted by the

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SLP (Crl.) No. 16794/2024

Court. Respondents are at liberty to take recourse under law

if there is violation of conditions imposed by the trial

court.

6) Accordingly, and in view of the foregoing, the special

leave petition stands allowed. Pending application(s), if

any, shall stand disposed of.

           (NIDHI AHUJA)                   (ANJALI PANWAR)
             AR-cum-PS                    COURT MASTER (NSH)




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