Gujarat High Court
Rambhai Valabhai Sambad (Rabari) vs State Of Gujarat on 1 July, 2016
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/12987/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 12987 of 2016
=================================================
RAMBHAI VALABHAI SAMBAD (RABARI)....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
=================================================
Appearance:
MR PJ KANABAR, ADVOCATE for the Applicant(s) No. 1
MR. BHAUMIK DHOLARIYA, ADVOCATE for the Applicant(s) No. 1
MR BM MANGUKIYA, ADVOCATE for the Respondent(s) No. 1
MS BELA A PRAJAPATI, ADVOCATE for the Respondent(s) No. 1
MR.DHARMESH DEVNANI, APP for the Respondent(s) No. 1
=================================================
CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 01/07/2016
ORAL ORDER
[1] Mr.Shrey Dave, learned advocate states that he has received instruction to appear on behalf of the original complainant. He is permitted to file his appearance on behalf of the original complainant.
[2] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-28 of 2016 registered with Gariyadhar Police Station, District: Bhavnagar for the offences under Sections 306, 506(2) and 114 of the Indian Penal Code and Sections 40 and 42 of the Bombay Money Lenders Act.
[3] Learned advocate for the applicant submits that similar situated co-accused namely Kanubhai Viththalbhai Jivrajani enlarged on regular bail as per the order passed by this Court in Criminal Misc. Application No. 10769 of 2016 on 11.05.2016 and Gohil Katubha Vajubha enlarged on anticipatory bail as per the order passed by this Court in Criminal Misc. Application No.12140 of 2016 on 07.06.2016. It is also submits that the matter is amicably settled between the complainant and the present applicant and now the complainant is Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Jul 02 04:02:39 IST 2016 R/CR.MA/12987/2016 ORDER not having any grievance against the applicant. It is lastly submitted that the applicant may be enlarged on bail by imposing appropriate conditions as may be deemed fit and proper by this Court.
[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
[5] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
[6] Regard being had to the above submission and the role attributed to the present applicant, this Court is of the view that discretion is required to be exercised in favour of the present applicant for regular bail as the matter is amicably settled between the complainant and the present applicant and now the complainant is not having any grievance against the applicant. Moreover, the applicant is seeking bail mainly on the ground of parity as the similarly situated co-accused namely Kanubhai Viththalbhai Jivrajani enlarged on regular bail as per the order passed by this Court in Criminal Misc. Application No. 10769 of 2016 on 11.05.2016 and Gohil Katubha Vajubha enlarged on anticipatory bail as per the order passed by this Court in Criminal Misc. Application No.12140 of 2016 on 07.06.2016. Since co-accused were enlarged on bail the present applicant also deserves to be enlarged on bail on the ground of parity by imposing following conditions.
[7] 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-28 of 2016 registered with Gariyadhar Police Station, District: Bhavnagar on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Jul 02 04:02:39 IST 2016 R/CR.MA/12987/2016 ORDER amount to the satisfaction of the learned 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] 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;
[8] 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.
[9] Rule is made absolute to the aforesaid extent. Direct service
Page 3 of 4
HC-NIC Page 3 of 4 Created On Sat Jul 02 04:02:39 IST 2016
R/CR.MA/12987/2016 ORDER
today is permitted.
(P.P.BHATT, J.)
dharmendra
Page 4 of 4
HC-NIC Page 4 of 4 Created On Sat Jul 02 04:02:39 IST 2016