Mukesh Doltaram Harjani vs State Of Gujarat on 29 January, 2015

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Gujarat High Court

Mukesh Doltaram Harjani vs State Of Gujarat on 29 January, 2015

Bench: J.B.Pardiwala

         R/CR.MA/1810/2015                                       ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1810 of 2015
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                MUKESH DOLTARAM HARJANI....Applicant(s)
                              Versus
                  STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR RC KODEKAR, APP for the Respondent(s) No. 1
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         CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                              Date : 29/01/2015
                                ORAL ORDER

1. Rule. The learned A.P.P. waives service of Rule on behalf of the respondentState of Gujarat.

2. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an FIR being C.R. No.207 of 2011 registered with the Anand Rural Police Station, District Anand of the offence punishable under Sections 465, 467, 471, 192, 193, 196, 198 of the Indian Penal Code.

3. The learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. The learned Additional Public Prosecutor appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence.

5. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

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R/CR.MA/1810/2015 ORDER

6. I have heard the learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicant and the role played by the applicant.

7. The following aspects are taken into consideration: [1] The investigation is over. Chargesheet is filed. [2] The offence is Magistrate triable. [3] Prima facie, Section 467 of the IPC has no application to the facts of the case because even if the medical certificate issued by Doctor is ultimately found to be false document within the meaning of Section 464 of the IPC, it will not constitute the offence of forgery of a valuable security. [4] If we exclude Section 467 of the IPC, the other offences with which the accused has been charged are bailable offences. In any veiw of the matter, he is in judicial custody in connection with one another offence of murder. [5] The guilt or the innocence of the accused ultimately would be determined on the basis of evidence that may be led by the prosecution at the time of the trial.

8. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, 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.207 of 2011 registered with the Anand Rural Police Station, District Anand, 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 learned Trial Court and subject to the conditions that he shall;

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R/CR.MA/1810/2015 ORDER [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 the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday of every English Calendar Month between 11:00 a.m. and 2:00 p.m. for six months only;

[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;

9. 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. Direct service is permitted.

10. The observations in this order are prima facie, and shall not be construed as expression of any final opinion.



                                                                 (J.B.PARDIWALA, J.)



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       R/CR.MA/1810/2015                 ORDER


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