Gujarat High Court
Rathva Shanabhai Kidiyabhai & vs State Of Gujarat on 15 December, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/33189/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 33189
of 2016
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RATHVA SHANABHAI KIDIYABHAI & 1....Applicants
Versus
STATE OF GUJARAT....Respondent
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Appearance :
MR A A ZABUAWALA, ADVOCATE for the Applicants.
MR H.K. PATEL, APP for the Respondent.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 15/12/2016
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent - State. With the consent of parties, the matter is taken up for final hearing today itself.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 154 of 2016 with Chhotaudepur Police Station, District Chhotaudepur, for the offences punishable under Sections 306, 342, 504, 506 (2), 143 and 114 of the Indian Penal Code.
3. Learned advocate for the applicants submits that considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
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6. I have heard learned advocates appearing for the parties.
Considered the offence as alleged in the FIR and also considered the nature of allegations made in the FIR against the present applicants who have tried to resolve the dispute between the parties. It also prima facie appears that the deceased who eloped with a minor girl committed suicide in the Panchayat office when the talks were going on. Considering the above aspects of the matter, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail. Hence, the application is allowed and the applicants are ordered to be released on bail in connection with C.R. No. I - 154 of 2016 with Chhotaudepur Police Station, District Chhotaudepur, on executing a bond of Rs.10,000/- (Rupees Ten 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 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 the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence at the concerned Police Station on every Monday of each English Calendar month for a period of three months and thereafter, on any day of the first week of each English Calendar month till the trial is over, between 11.00 a.m. and 2.00 p.m.;
[f] furnish the present address of residence to the I.O. 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;
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7. The Authorities will release the applicants only if they are 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. 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 applicants on bail.
8. Rule made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) Savariya Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Dec 16 00:27:28 IST 2016