Narayanbhai @ Muko Gopsingh Patel vs State Of Gujarat on 4 September, 2020

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Gujarat High Court

Narayanbhai @ Muko Gopsingh Patel vs State Of Gujarat on 4 September, 2020

Bench: R.P.Dholaria

        R/CR.MA/10540/2020                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 10540 of 2020

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               NARAYANBHAI @ MUKO GOPSINGH PATEL
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR.R.C.KODEKAR APP(2) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE R.P.DHOLARIA

                             Date : 04/09/2020

                              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.I-55 of 2019 registered with Dev Bariya Police Station, Dahod for the offence punishable under Sections 302, and 114 of the Indian Penal Code.

[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, chargesheet has already been filed; (ii) the present applicant is brother of the victim Page 1 of 3 Downloaded on : Sat Sep 05 03:25:33 IST 2020 R/CR.MA/10540/2020 ORDER and the co-accused is the husband of victim; (iii) the trivial matter of matrimonial dispute resulted into assault by hand which caused death of the victim, indisputably, no weapon is used in the incident; (iv) the incident occurred under the sudden grave and provocation which is not premeditated; (iv) the applicant is in jail for about last one year and six months; and (v) the co-accused has already been enlarged on bail by the Co-ordinate Bench.

[5] 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.I-55 of 2019 registered with Dev Bariya Police Station, Dahod 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 six months, between 10:00 a.m. and 2:00 p.m.;

Page 2 of 3 Downloaded on : Sat Sep 05 03:25:33 IST 2020

R/CR.MA/10540/2020 ORDER [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;

[6] 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.

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

(R.P.DHOLARIA, J) MEHUL B. TUVAR Page 3 of 3 Downloaded on : Sat Sep 05 03:25:33 IST 2020

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