Gujarat High Court
Munnabhai @ Mukesh Danabhai Mer vs State Of Gujarat on 22 November, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/19326/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19326 of 2019
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MUNNABHAI @ MUKESH DANABHAI MER
Versus
STATE OF GUJARAT
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Appearance:
R SHAKTISINH GOHIL(2460) for the Applicant(s) No. 1
MR LB DABHI, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 22/11/2019
ORAL ORDER
1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-264/2018 with Nilambaug Police Station, Bhavnagar for the offence punishable under Sections 302, 396, 397, 449, 120(B), 34, 114, 201 and 506(2) of the Indian Penal Code and under Section 135 of the Gujarat Police Act.
2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Page 1 of 5 Downloaded on : Sat Nov 23 01:49:18 IST 2019
R/CR.MA/19326/2019 ORDER
4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-
I) The First Information Report is registered on 22.11.2018 for the offence which is alleged to have taken place on 22.11.2018; II) The applicant is in custody since 22.08.2019; III) The investigation has concluded and the chargesheet is filed; IV) The submission of learned Advocate for the applicant that the co-accused and identically situated and having a graver role including from whom the ornaments are recovered have been enlarged on regular bail vide the following orders :-
Order of this Court dated 27.06.2019 in Criminal Miscellaneous Application No.5514/2019 (Rajubhai Kishorbhai Makwana). Order of this Court dated 22.08.2019 in Criminal Miscellaneous Application No.13611/2019 (Dhavalbhai Shankarbhai Solanki). Order of the Sessions Court, Bhavnagar dated 01.07.2019 in Criminal Miscellaneous Application No.949/2019 (Mehulbhai S/o. Devabhai Vihabhai Chohla).
Order of the Sessions Court, Bhavnagar dated 31.07.2019 in Criminal Appeal No.67/2019 (Minor Vipul Jinabhai Chohala) and, Order of the Sessions Court, Bhavnagar dated 30.09.2019 in Criminal Miscellaneous Application No.1587/2019 (Bharatbhai Bhagwanbhai Rathod).
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R/CR.MA/19326/2019 ORDER V) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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 applicant on regular bail.
7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I- 264/2018 with Nilambaug Police Station, Bhavnagar on executing a personal bond of Rs.10,000/= (Rupees Ten 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 act in a manner injurious to the interest of the prosecution and shall not obstruct or hamper the police investigation and shall not play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week; Page 3 of 5 Downloaded on : Sat Nov 23 01:49:18 IST 2019
R/CR.MA/19326/2019 ORDER
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his 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 Trial Court and;
(g) not enter the limits of Bhavnagar, till completion of trial, except for marking presence and attending trial.
8. 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 take appropriate action in the matter.
9. 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.
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. Page 4 of 5 Downloaded on : Sat Nov 23 01:49:18 IST 2019
R/CR.MA/19326/2019 ORDER 11.The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct Service is permitted.
Sd/-
(A.Y. KOGJE, J) CAROLINE Page 5 of 5 Downloaded on : Sat Nov 23 01:49:18 IST 2019