Gujarat High Court
Waghela vs State on 27 April, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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CR.MA/5520/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5520 of 2011
=========================================================
WAGHELA
SAHADEVSINH GAJUBHA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
CHINTAN S POPAT for
Applicant(s) : 1,
MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/04/2011
ORAL
ORDER
1. Rule.
Learned APP waives service of notice of Rule for respondent - State.
2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered being CR-I No.2 of 2011 with Muli Police Station, Surendranagar for the offences punishable under Sections 507, 306 and 114 of the Indian Penal Code.
3. It is submitted that allegations against the applicant is of harassing the victim by communicating her through mobile call, but, at the same time, the applicant has also received so many calls. Besides, on the day of alleged incident, soon before, no call was made. The suicide note alleged to have been written by the victim is yet to be examined by the expert and report is awaited. The investigation is over and charge-sheet is filed and therefore, there is no likeligood of tampering with any documentary evidence.
4. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with CR-I No.2 of 2011 with Muli Police Station, Surendranagar, for the offences punishable under Sections 507, 306 and 114 of the Indian Penal Code, on executing 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 injuries to the interest of the prosecution;
(c) surrender his 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 his presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m and 3.00 p.m till the trial is over;
(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 this Court;
(g) will remain outside the jurisdiction of concerned police station for a period of three months except marking the presence at the police station and attending the Court proceedings, if any;
5. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being.
6. 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.
7. Bail bond to be executed before the lower Court having jurisdiction to try the case.
8. 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.
9. Rule is made absolute to the aforesaid extent. Direct service is permitted.
Sd/-
(Anant S. Dave, J.) Caroline Top