Rameshbhai Dalsangbhai Raval vs State Of Gujarat on 2 March, 2015

[Cites 9, Cited by 1]

Gujarat High Court

Rameshbhai Dalsangbhai Raval vs State Of Gujarat on 2 March, 2015

Bench: J.B.Pardiwala

     R/CR.MA/3380/2015                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 3380 of 2015

================================================================
             RAMESHBHAI DALSANGBHAI RAVAL....Applicant(s)
                             Versus
                 STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR MAHENDRA K PATEL, ADVOCATE for the Applicant(s) No. 1
MR KP RAWAL, APP for the RESPONDENT(s) No. 1
================================================================

         CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                            Date : 02/03/2015


                             ORAL ORDER

Rule returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent-State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-C.R.No.226 of 2013 registered with the Deesa Rural Police Station, District Banaskantha, of the offence punishable under Sections 406, 420, 465, 467, 471 of the Indian Penal Code and under Sections 30 and 35 of the Gujarat Medical Practitioner Act.

The 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.

Page 1 of 4

R/CR.MA/3380/2015 ORDER The learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.

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

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

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

In the facts and circumstances of the case and considering the nature of the 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 I-CR.No.226 of 2013 registered with the Deesa Rural Police Station, District Banaskantha, 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;

Page 2 of 4

     R/CR.MA/3380/2015                                    ORDER




     [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 Palanpur town without prior

permission of the Sessions Judge concerned, till the conclusion of the trial;

[e] mark presence before the Palanpur Police Station twice in a month on every 2nd and 4th Sunday between 10:00 a.m. and 2:00 p.m.;

[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;

[h] not indulge again in these type of activities, and if it is found that he is treating the patient, his bail will be liable to cancelled.

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.

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 extent. Direct service is Page 3 of 4 R/CR.MA/3380/2015 ORDER permitted.

(J.B.PARDIWALA, J.) MOIN Page 4 of 4

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