Gujarat High Court
Bhupendrasinh Ambadan Gadhavi vs State Of Gujarat on 15 April, 2015
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
R/CR.MA/5762/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL)
NO. 5762 of 2015
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BHUPENDRASINH AMBADAN GADHAVI ....Applicant
Versus
STATE OF GUJARAT ....Respondent
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Appearance:
MR N.D.NANAVATI, SENIOR ADVOCATE with
MR JIGAR G GADHAVI, ADVOCATE for the Applicant
MR LB DABHI, APP for the Respondent-State
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CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY
Date : 15/04/2015
ORAL ORDER
1. This is an application for regular bail.
2. Rule. Learned Additional Public Prosecutor waives rule for the State.
3. The applicant accused is in judicial custody in connection with C.R.-I No.49 of 2015 registered with the Sardarnagar Police Station, District : Ahmedabad for the offences punishable under Section 307 of the Indian Penal Code, Section 25(1)(a) of the Arms Act and Section 135(1) of the Gujarat Police Act.
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4. Learned advocate for the applicant has taken this Court through the material on record and has submitted that the applicant be enlarged on regular bail by imposing suitable conditions.
5. Learned Additional Public Prosecutor for the State has opposed grant of regular bail.
6. Considering the totality this Court finds that, this application needs to be allowed by exercising powers under Section 439 of the Code of Criminal Procedure, 1973 to direct that the applicant accused be released on bail, on certain conditions noted below. Learned advocates for the respective parties request not to record reasons for this, so that it may not prejudice the prosecution at the time of trial. It is noted that, this Court has taken into consideration, inter alia, an aspect that, the applicant is already indicated to have been, deemed under suspension and further that by releasing him on bail, he is not likely to do it again.
7. In view of above, the following order is passed.
7.1 This application is allowed.
7.2 The applicant accused is ordered to be released on regular bail in connection with C.R.-I No. 49 of 2015 registered with the Sardarnagar Police Station, District : Ahmedabad on executing 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 further conditions that the accused :-
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[a] shall not misuse this liberty or take undue
advantage of it in any manner, and
[b] shall not, directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or temper with the evidence, and shall not commit an offence similar to the offence of which he is accused, and [c] shall make himself available at the time of trial, and [d] shall mark his presence before the concerned Police Station on the first Saturday of every English calendar month between 11:00 a.m. to 2:00 p.m., for a period of three months.
7.3 The jail authorities shall release the applicant only if he is not required in connection with any other offence for the time being.
7.4 If breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in accordance with law.
7.5 Bail bond be executed before the lower Court having jurisdiction to try the case.
7.6 The trial Court shall not be influenced at the trial, by the observations made by this Court while recording this order.
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7.7 Rule is made absolute. Direct service is permitted.
(PARESH UPADHYAY, J.)
Salim/103
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