Gujarat High Court
Jhalaram Kasnaram Devaram Devasi ... vs State Of Gujarat on 27 November, 2020
Author: A. J. Desai
Bench: A. J. Desai
R/CR.MA/15943/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO.15943 of 2020
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JHALARAM KASNARAM DEVARAM DEVASI (MARIYA)
Versus
STATE OF GUJARAT
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Appearance :
MR TANMAY B KARIA for the Applicant.
MS KRINA CALLA, APP for the Respondent.
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CORAM:HONOURABLE MR. JUSTICE A. J. DESAI
Date : 27/11/2020
ORAL ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.11195035200298 of 2020 with Palanpur Taluka Police Station, District Banaskantha, for the offences punishable under Sections 489A, 489B, 489C, 489E and 114 of the Indian Penal Code.
2. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard learned advocates appearing for the parties.
This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra versus Central Bureau of Investigation Page 1 of 3 Downloaded on : Sat Nov 28 03:20:56 IST 2020 R/CR.MA/15943/2020 ORDER reported in (2012)1 SCC 40. Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR and considering the fact that investigation is over and charge-sheet is filed and considering the fact that applicant is resident of Rajasthan, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail by imposing appropriate conditions. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No.11195035200298 of 2020 with Palanpur Taluka Police Station, District Banaskantha, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local 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 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 at the concerned Police Station on every Monday of every three English Calendar months for a period of three months and thereafter any day of the first week of every five English calendar months till the trial is over, between 11.00 a.m. and 2.00 p.m.;
[f] furnish the present address 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;
6. 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 Page 2 of 3 Downloaded on : Sat Nov 28 03:20:56 IST 2020 R/CR.MA/15943/2020 ORDER take appropriate action in the matter. Bail bond 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 applicant on bail.
7. Rule made absolute to the aforesaid extent. Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.
(A. J. DESAI, J) DIPTI PATEL Page 3 of 3 Downloaded on : Sat Nov 28 03:20:56 IST 2020