Manishbhai Gopaljibhai Valamiya vs State Of Gujarat on 19 June, 2018

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Gujarat High Court

Manishbhai Gopaljibhai Valamiya vs State Of Gujarat on 19 June, 2018

Bench: Sonia Gokani

       R/CR.MA/10284/2018                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 10284 of 2018

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                  MANISHBHAI GOPALJIBHAI VALAMIYA
                              Versus
                         STATE OF GUJARAT
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Appearance:
MR SHAKEEL A QURESHI(1077) for the PETITIONER(s) No. 1
MR.L.R. POOJARI, APP (2) for the RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                            Date : 19/06/2018

                             ORAL ORDER

1. By way of present application preferred under section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed for regular bail in connection with IC.R.No.204 of 2016 registered with Gondal City Police Station, District Rajkot, for the offences punishable under sections 307 and 114 of the Indian Penal Code.

2. It is the case of the prosecution that the petitioner was one of the coaccused who had participated in allegedly ending the life of the victim who happened to be his sisterinlaw. Out of four coaccused persons, three coaccused have already been granted regular bail.

3. This court has heard the learned advocate appearing for the applicant Mr. Shakeel Qureshi for the applicant and learned Additional Public Page 1 of 4 R/CR.MA/10284/2018 ORDER Prosecutor Mr. L.R. Poojari for the respondent - State.

4. Learned APP has strongly objected to this on the ground that the role of the present applicant is of having set the lady ablaze, although, rest of them are also alleged to have poured kerosene on her. He, further, has urged that the FIR contains all the details, even if, the dying declaration does not have very clear demarcation of the role of the accused.

5. It can be noticed that the applicant has been arrested soon after the incident and from the papers of the investigation it reveals that the allegations have been leveled against all the four persons / accused. However, prima facie, it can be noticed from the panchnama of scene of offence that door was locked from the outside. It is the version of the defence that the injury sustained by the present applicant was of fracture, at the time of his arrest, which according to him was while saving the life of victim.

5.1 Without accepting the version of the defence, at this stage, even while going by the overall circumstances, which have emerged on record, more particularly, when the coaccused have been enjoying the discretion of the Court by way of regular bail, prima facie, he has made out the case on the basis of parity. The applicant is also entitled to the same, on certain stringent conditions. Without discussing the evidence in detail, prima facie, this Court is of Page 2 of 4 R/CR.MA/10284/2018 ORDER the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

6. For the foregoing reasons, the present application is allowed and the applicant is ordered to be released on regular bail in connection with I C.R.No.204 of 2016 registered with Gondal City Police Station, District Rajkot, on his executing a solvent surety of Rs.20,000/ (Rupees Twenty 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 tamper with the evidence or hamper the prosecution witnesses and shall not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the trial court within a week from the date of his release;

[d] not leave the State of Gujarat without prior permission of this Court;

[e] shall MARK PRESENCE before the concerned police station between 11:00 a.m. and 02:00 p.m. on the first day of every English calender month till the commencement of the trial;

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R/CR.MA/10284/2018 ORDER

(f) shall NOT ENTER within the limits of Gondal Town, pending trial;

[g] furnish the present address of his residence to (i) the Investigating Officer and also (ii) the trial Court, at the time of execution of the bond and shall not change the residence without prior permission of this Court;

7. The authorities will release the applicant only if he is not required in connection with any other offence for the time being.

8. If breach of any of the above conditions is committed, the trial Court concerned will be at liberty to issue warrant or take appropriate action in the matter and even the Investigating Officer will be at liberty to approach this Court in case of breach of any such condition.

9. Bail bond be executed before the trial Court having jurisdiction to try the case.

10. 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.

Direct service is permitted.

(SONIA GOKANI, J) pradhyuman Page 4 of 4

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