Popat Pala Hun vs State Of Gujarat on 23 July, 2015

[Cites 3, Cited by 1]

Gujarat High Court

Popat Pala Hun vs State Of Gujarat on 23 July, 2015

Bench: Z.K.Saiyed

        R/CR.MA/12991/2015                                    ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 12991 of 2015
===========================================================
                  POPAT PALA HUN....Applicant(s)
                             Versus
                STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR YASH N NANAVATY, ADVOCATE for the Applicant(s) No. 1
MR.N.J.SHAH, APP, for the Respondent(s) No. 1
================================================================
        CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED

                             Date : 23/07/2015
                              ORAL ORDER

1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-14 of 2015 registered with Udhyognagar Police Station, Porbandar, for the offences under Sections-302 and 120(B) of the Indian Penal Code and under Section-135 of the Gujarat Police Act.

2. Heard Mr.Yash N. Nanavaty, learned advocate for the applicant. Mr.Nanavaty, has contended that in present case, nothing is recovered or discovered from the possession of the present applicant. He then contended that the allegation against the present applicant is that the deceased was brought to the hospital. He prayed that on humanitarian ground, the present applicant may be released on bail no role is attributed to the present applicant. He further contended that no prima-facie case is made out against the present applicant and if the applicant be released on regular bail, he will be available for the investigation and interrogation before the Investigating Officer. Lastly, he prayed that this application may be allowed in favour of the applicant by imposing any stringent condition upon the applicant.

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R/CR.MA/12991/2015 ORDER

3. Heard Mr. N.J.Shah, learned APP for the respondent State. Mr. Shah, vehemently opposed this application and contentions raised by the learned advocate for the applicant in the application seeking regular bail, cannot be considered and regular bail may not be granted to present applicant as serious allegations are made against him.

4. It is true that against the present applicant, it is disclosed by the applicant that deceased was brought by the applicant at the hospital, but as the present applicant is not directly involved in the alleged offence, present applicant is required to be allowed.

5. Having heard the learned Counsel or both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, this is a fit case to grant regular bail in favour of the applicant. Therefore, I am inclined to grant bail to the applicant without entered into the merits of the case.

6. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-14 of 2015 registered with Udhyognagar Police Station, Porbandar for the offence alleged against him in this Application on his executing a Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent 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 his liberty or abuse his liberty;

b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;

c) maintain law and order and should cooperate the Investigating Officer;

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               R/CR.MA/12991/2015                              ORDER




d)          not act in a manner injurious to the interest of the
            prosecution;

e)          not leave the country without the prior permission of
            the concerned Sessions Judge;

f)          furnish the address of his 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;

g) surrender his passport, if any, to the lower Court within a week.

h) shall mark his presence at before the Investigating Officer on every late date of the month.

7. If the breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.

8. Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.

Rule is made absolute. Direct service is permitted.

(Z.K.SAIYED, J.) siddharth Page 3 of 3

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