Gujarat High Court
Mehulkumar Shivabhai Parmar (Dalit) & 2 vs State Of Gujarat on 28 September, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/17178/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.17178
of 2015
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MEHULKUMAR SHIVABHAI PARMAR (DALIT) & 2....Applicants
Versus
STATE OF GUJARAT....Respondent
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Appearance :
MR JV JAPEE, ADVOCATE for the Applicants.
MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent.
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 28/09/2015
ORAL ORDER
1. This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C. R. No. I - 62 of 2015 registered with Kotdasangani Police Station, Dist. Rajkot for the offences punishable under Sections 147, 148, 149, 332, 186, 395, 397, 307 and 427 of the Indian Penal Code read with Sections 37 (1), 135 and 188 of the Gujarat Police Act and Section 3 of the Prevention of Damages of Public Property Act.
2. Learned advocate appearing on behalf of the applicants submits that considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
3. Learned Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
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5. I have heard learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicants and the role played by the applicants.
6. In the facts and circumstances of the case and considering the nature of allegations made against the applicants in the FIR and the fact that the applicants are behind bar since 26.8.2015, 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 applicants on regular bail. Further, to prevent repetition of crime, a condition is also imposed upon the applicants that they shall not enter Rajkot District for a period of one month, except to mark presence or attending trial. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with an offence being C. R. No. I - 62 of 2015 registered with Kotdasangani Police Station, Dist. Rajkot, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only) each with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they shall;
[a] not take undue advantage of liberty or misuse liberty; [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 State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on every Monday for a period of one month and thereafter on any day of the first week of each English Calendar Month for a period of six months only, between 10:00 a.m. and 2:00 p.m.;
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[f] furnish latest 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;
[g] shall not enter into Rajkot District for a period of one month except for marking presence and attending trial.;
7. The Authorities will release the applicants only if they are 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 applicants on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
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