Gujarat High Court
Bhagvanbhai S/O Nakabhai Aal vs The State Of Gujarat on 14 June, 2018
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/10554/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 10554 of 2018
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BHAGVANBHAI S/O NAKABHAI AAL
Versus
THE STATE OF GUJARAT
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Appearance:
MR BHARGAV BHATT for MR. R.D.KINARIWALA(6146) for the
PETITIONER(s) No. 1
MR NISHA THAKORE, ADDL. PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 14/06/2018
ORAL ORDER
1. Heard learned advocate Mr. Bhatt for learned advocate Mr. Kinariwala, for the applicant and learned APP, for the respondent-State.
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 - 12/2018 with Palitana Town Police Station for the offences punishable under Sections 385, 386, 387, 389, 120(B), 34 of the Indian Penal Code and u/s 66E and 67A of the I.T. Act.
2.1 The gist of the case is that the complainant is a doctor and he came in contact with one Pujaben and on 4.2.2018, said Pujaben took the complainant to her friend's house, where nobody is present. When the complainant and said Pujaben entered the room, three unknown persons entered Page 1 of 3 R/CR.MA/10554/2018 ORDER the room and started recording video clips. One person slept the complainant and the other demanded Rs.11.50 lakh from the complainant in order to settle the dispute. Hence, present FIR.
3. Considering the charge sheet papers supplied by learned APP during the course of hearing, it appears that the offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre-trial conviction, which is prohibited by law. No TI parade is arranged. No any past antecedent is registered against the applicant. Therefore, present Criminal Misc. Application deserves consideration.
4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 12/2018 with Palitana Town Police Station, on executing a 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 the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] not leave the territory of India without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court Page 2 of 3 R/CR.MA/10554/2018 ORDER concerned regularly.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
5. The competent authority will release the applicant only if the applicant 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 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.
6. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SHEKHAR P. BARVE Page 3 of 3