Chetanbhai Sartanbhai Rathva vs State Of Gujarat on 28 October, 2020

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Gujarat High Court

Chetanbhai Sartanbhai Rathva vs State Of Gujarat on 28 October, 2020

Bench: R.P.Dholaria

        R/CR.MA/13403/2020                                       ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 13403 of 2020

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                    CHETANBHAI SARTANBHAI RATHVA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR AV NAIR(5602) for the Applicant(s) No. 1
MS MAITHILI MEHTA APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA

                             Date : 28/10/2020

                              ORAL ORDER

[1] This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No. 11207050200084 of 2020 registered with Pavagadh Police Station, Panchmahal for the offence punishable under Sections 302, 504 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

[2] Learned advocate appearing on behalf of the applicant through video conferencing submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[3] Learned Additional Public Prosecutor appearing on behalf of the respondent-State through video conferencing has opposed grant of regular bail looking to the nature and gravity of the offence.

[4] Having heard the learned advocates for the parties and taking into consideration that (i) after conclusion of investigation, charge-sheet has already been filed (ii) the record & proceedings indicates that the Page 1 of 3 Downloaded on : Thu Oct 29 12:37:23 IST 2020 R/CR.MA/13403/2020 ORDER incident happened suddenly and under the influence of grave and sudden provocation in which single blow appears to have been given with the stick which resulted into the death of the deceased who is real uncle of the applicant (iii) the applicant is young aged about 19 years, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No. 11207050200084 of 2020 registered with Pavagadh Police Station, Panchmahal on executing a personal bond of Rs.15,000/- (Rupees Fifteen thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a further period of three months, between 10:00 a.m. and 2:00 p.m.;

[f] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court;

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R/CR.MA/13403/2020 ORDER [5] The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.

[6] Registry to send the copy of the this Order to the concerned Jail Authority through Fax and Email.

(R.P.DHOLARIA, J) cmk Page 3 of 3 Downloaded on : Thu Oct 29 12:37:23 IST 2020

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