Gujarat High Court
Narendrasingh Shravansingh Dabhi vs The State Of Gujarat on 6 July, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.A/652/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 652 of 2018
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NARENDRASINGH SHRAVANSINGH DABHI
Versus
THE STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the PETITIONER(s) No. 1
NOTICE SERVED(4) for the RESPONDENT(s) No. 2
MS JIRGA JHAVERI, APP(2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 06/07/2018
ORAL ORDER
1. This appeal is filed by the appellant under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, 'the Atrocity Act') against the order dated 29.05.2018 passed by the learned 6th Additional Sessions Judge, Banaskantha in Criminal Misc. Application No. 471/2018 filed under Section 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. I-43 of 2018 with Amirgadh Police Station, District: Banaskantha for the offence punishable under Sections 395, 323, 337, 427, 504 and 506(2) of the Indian Penal Code, 1860 (for short, 'the IPC') and Sections 3(1)(r)(s) and 3(2)(5) of the Atrocities Act.
2. Heard Mr. Chaudhary, the learned advocate for the appellant and Page 1 of 4 R/CR.A/652/2018 ORDER Ms. Jhaveri, the learned Additional Public Prosecutor for the respondent - State. The respondent No. 2 - original complainant is duly served.
2.1 The learned advocate for the appellant submits that the appellant is an innocent person, however, he has been falsely implicated in the offence. He submitted that the co-accused have been released on bail by the coordinate bench of this Court by orders dated 05.06.2018 and 08.06.2018 passed in Criminal Appeal Nos. 595 of 2018 and 596 of 2018, respectively. Besides, the present appellant has no criminal antecedents. Further, substantial investigation is over now, and hence, there is no possibility of tampering with the evidence.
2.2 It is further submitted that the appellant has roots in society and and is also having responsibility towards his family and he is not likely to run away and his presence can be secured during trial by imposing the the suitable conditions.
3. The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offences. It is submitted that charge-sheet is yet to be filed and hence, there is possibility of tampering with the evidence and accordingly, it is requested that the appellant may not be enlarged on bail.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. Regard being had to the above submissions, in the facts and Page 2 of 4 R/CR.A/652/2018 ORDER circumstances of the case and considering the nature and gravity of accusation made against the appellant in the First Information Report and other papers placed on record, this Court is of the opinion that discretion is required to be exercised in favour of the appellant for grant of bail. Moreover, the appellant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the appeal is allowed by setting aside the aforesaid impugned order and the appellant is ordered to be released on regular bail in connection with the above-referred FIR 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;
[b] not act in a manner injuries to the interest of the prosecution and shall cooperate in trial;
[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 before the concerned police station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[f] furnish latest and permanent 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 and shall also remain present as and when required by the Court;
[g] not enter into Banaskantha district for a period of six months.
Page 3 of 4R/CR.A/652/2018 ORDER
6. The authorities will release the appellant 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 is 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 appellant on bail.
7. Appeal is disposed of accordingly. Direct service is permitted.
[ P. P. Bhatt, J. ] hiren Page 4 of 4