Vajashibhai Devanandbhai Nandaniya vs State Of Gujarat on 19 June, 2018

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Gujarat High Court

Vajashibhai Devanandbhai Nandaniya vs State Of Gujarat on 19 June, 2018

Bench: Sonia Gokani

       R/CR.MA/10207/2018                             ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 10207 of 2018

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               VAJASHIBHAI DEVANANDBHAI NANDANIYA
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR SHAKEEL A QURESHI(1077) for the PETITIONER(s) No. 1,2
MR L R POOJARI, ADDL. PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                            Date : 19/06/2018

                             ORAL ORDER

1.Present application is preferred by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with IC.R.No.7 of 2018 registered with Bantva Police Station, District Junagadh for the offences punishable under Sections 304 and 114 of the Indian Penal Code.

2.It is the case of prosecution that on account of wire fencing in the field belonging to the applicants, the deceased died due to electrocution.

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R/CR.MA/10207/2018 ORDER

3.It is further the case of the prosecution that, although, the electric wire was attempted to protect the crop, installation of the electric wire was illegal and after once the electrocution resulted into the death of the deceased and the applicants are alleged to have dragged the deceased from for a considerable distance.

4.This Court has heard Mr.Shakil Qureshi, learned advocate for the applicants, who has urged that at the best, the offence under Section 304 A of the Indian Penal Code could be attracted as there was neither intention or knowledge but a sheer negligence on the part of the applicant under the law. He has further urged that the strictest conditions the Court may impose and the applicants may be permitted regular bail as investigation is virtually over. He has relied upon some of the earlier orders for basing his submissions.

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R/CR.MA/10207/2018 ORDER

5.Mr.L.R.Poojari, learned Additional Public Prosecutor has objected to the grant of regular bail to the applicants on the ground that the witnesses have spoken of the deliberate electrocution and dragging of the deceased in the field. He, however, agrees that there is no motive nor is there any evidence to indicate the electrocution with any intention.

6.Having heard learned advocates on both the sides and also on perusal of the record, it appears that after the field was fenced with electric wire, which resulted into death of the deceased due to electrocution, the attempt was done to remove the wire and to shift body of the deceased from one place to another in the field. However, the prima facie case is made out by the applicants for grant of regular bail when the investigation is substantially over. Nowhere, it appears to be a case of intended electrocution. Page 3 of 7

R/CR.MA/10207/2018 ORDER

7.For the foregoing reasons, this application is allowed and the applicants are ordered to be released on regular bail in connection with IC.R.No.7 of 2018 registered with Bantva Police Station, District Junagadh on their executing one solvent surety of Rs.25,000/ (Rupees Twenty Five Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall:

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

[b] not to tamper with any evidence, and /or documents nor to act in a manner injuries to the interest of the prosecution;

[c] surrender their passport, if any, to the Trial Court within a period of one week from the date of their release; Page 4 of 7

R/CR.MA/10207/2018 ORDER [d] not leave the State of Gujarat without prior permission of this Court; [e] any indulgence in any other offence will also make them liable to be incarcerated once again even during the pendency of the trial;

[f] furnish the address of their residences 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 this Court;

[g] The applicants shall deposit the amount of compensation to the tune of Rs.25,000/ each within a period of two weeks. The amount of compensation shall be paid to the legal heirs of the deceased within two weeks thereafter. This will not prejudice defence of the applicants at the time of trial. This amount is over and above the compensation, the family of the deceased Page 5 of 7 R/CR.MA/10207/2018 ORDER will be entitled at the time of trial; [h] file an undertaking within a period of two weeks that no wire fencing surrounding the field shall be done.

8. 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 at liberty to issue warrant or take appropriate action in the matter.

9. Bail bond to be executed before the lower Court having jurisdiction to try the case.

10. At the trial, the 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 Page 6 of 7 R/CR.MA/10207/2018 ORDER extent. Direct service is permitted.

(MS SONIA GOKANI, J) M.M.MIRZA Page 7 of 7

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