Gujarat High Court
Jayeshbhai Ranchhodbhai Prajapati vs State Of Gujarat on 27 November, 2014
Author: S.G.Shah
Bench: S.G.Shah
R/CR.MA/19280/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 19280 of 2014
In CRIMINAL APPEAL NO. 1348 of 2014
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JAYESHBHAI RANCHHODBHAI PRAJAPATI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR JAGDHISH SATAPARA, ADVOCATE for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
Date : 27/11/2014
ORAL ORDER
Heard learned advocate Mr.Chirag Parekh appearing for Mr.Jagdish Satapara for the applicant and learned APP for the respondent
- State.
2. Perused the record in the form of impugned judgment, appeal memo and present application with which the deposition of victim being Exh.44 as PW-11 before the trial Court as well as her affidavit wherein she has admitted that in fact the accused has not kidnapped her, but she has given birth of a son, who is aged 10 months at present and fathered by said accused and that in fact, they have got married with each other. In her deposition, she has categorically deposed on oath before the trial Court that she has called upon the accused to take her with him, but when accused has refused, she has given a threat that if accused do not take her with him, she would commit suicide by writing that she has committed suicide because of him. Even for the offence, she has categorically deposed that it was by her consent. Therefore, practically, the offence Page 1 of 2 CRIMINAL MISC.APPLICATION/19280/2014 28/11/2014 02:29:08 AM R/CR.MA/19280/2014 ORDER committed by the accused is now required to be scrutinized, based upon legal technicalities after receiving R & P, but till then, the accused, who is father of a minor son of the victim, need not be kept behind the bars since he has to take care of the minor child and the victim, since there is no one to look after them, may be because of such incident. In view of such facts and circumstances, as a rare case, this application deserves to be allowed and is hereby allowed.
3. Therefore, the order of sentence dated 31.03.2013 in Sessions Case no.40 of 2013 by learned 2nd Addl.Sessions Judge, Surendranagar is suspended and applicant is hereby released on regular bail on condition that applicant shall furnish a personal bond and surety of Rs.10,000/- (Rupees Ten thousand only) to the satisfaction of the trial Court. The order of bail is subject to following conditions:-
(a) surrender passport, if any, to the lower court within a week;
(b) not leave India without prior permission of the Trial Court;
(c) furnish the present addresses of residence to the I.O. 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;
(d) applicant has to file an affidavit of the victim on record of the appeal on every calender year till the appeal is decided on merits (regarding her status etc.)
2. Rule is made absolute. Direct service is permitted.
(S.G.SHAH, J.) binoy Page 2 of 2 CRIMINAL MISC.APPLICATION/19280/2014 28/11/2014 02:29:08 AM