Mukesh S/O Ramvilas Paswan vs State Of Gujarat on 22 August, 2019

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Gujarat High Court

Mukesh S/O Ramvilas Paswan vs State Of Gujarat on 22 August, 2019

Bench: Vipul M. Pancholi

        R/CR.MA/6570/2019                                            ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 6570 of 2019

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                     MUKESH S/O RAMVILAS PASWAN
                                Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR BHAVESH P TRIVEDI(2731) for the Applicant(s) No. 1
MR RR TRIVEDI(941) for the Applicant(s) No. 1
MR RONAK RAVAL, APP(2) for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

                              Date : 22/08/2019

                               ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I-30 of 2018 registered with Jetpur Taluka Police Station, Rajkot Rural for offence under Sections 302 and 201 of the Indian Penal Code.

2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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R/CR.MA/6570/2019 ORDER

4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. This Court has also considered the aspects that; (i) the applicant is in jail since 7.5.2018; (ii) investigation is concluded and chargesheet is filed; (iii) for the alleged incident which had taken place on 26.4.2018, FIR is lodged on 28.4.2018; thus, there is a delay in lodging the FIR; in column no.8 of the FIR, it is mentioned that as the matter is not settled, FIR is filed; (iv) the case of the prosecution rests on circumstantial evidence; (v) from the investigation papers, it is prima facie revealed that the prosecution has not collected any material directly connecting the applicant with the alleged incident, thus, I am inclined to exercise discretion in favour of the applicant.

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R/CR.MA/6570/2019 ORDER

6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

7. Hence, the present application is allowed.

The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I-30 of 2018 registered with Jetpur Taluka Police Station, Rajkot Rural on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the 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 injurious 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 between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

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            R/CR.MA/6570/2019                                                ORDER



       [f] furnish                 the        present             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 this Court;

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 free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the 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.

9. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

10. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(VIPUL M. PANCHOLI, J) SRILATHA Page 4 of 4 Downloaded on : Thu Aug 22 22:28:34 IST 2019

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