Gujarat High Court
Khumabhai Sonabhai Suvar (Dalit) vs State Of Gujarat on 16 July, 2018
Author: R.P.Dholaria
Bench: R.P.Dholaria
R/CR.MA/13227/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13227 of 2018
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KHUMABHAI SONABHAI SUVAR (DALIT)
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1
MR. MITESH AMIN, PUBLIC PROSECUTOR(2) for the RESPONDENT(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 16/07/2018
ORAL ORDER
1. RULE. Learned PP waives service of notice of rule on behalf of respondent-State.
2. This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.- I-28 of 2018 registered with Tharad Police Station, Banaskantha for the offence punishable under Sections 302, 201, 114 of Indian Penal Code and as per charge-sheet under Sections 306, 498A of Indian Penal Code.
3. Learned advocate appearing on behalf of the applicant submits that considering the nature of Page 1 of 5 R/CR.MA/13227/2018 ORDER offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
5. I have heard learned advocates appearing on behalf of the respective parties and perused the papers of investigation and considered the allegations levelled against the applicant and the role played by the applicant. I have also taken into consideration that the complainant has wrongfully roped the parents in the crime in question, though the evidence on record does not support the say, therefore, they would not be charge-sheeted as such and also tried to implicate in heinous crime of murder and the medical papers also does not support the same, in view of the totality of facts and circumstances, since the investigation is concluded and the charge-sheet is filed, this Court is inclined to use judicial discretion for enlarging him on bail.
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R/CR.MA/13227/2018 ORDER
6. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, 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. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.-I-28 of 2018 registered with Tharad Police Station, Banaskantha, on executing a personal bond of Rs.15,000/- (Rupees Fifteen thousand only) with one surety of the like amount to the satisfaction of the learned 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 passport, if any, to the lower court within a week;
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R/CR.MA/13227/2018 ORDER
[d] not leave India without prior permission of
the Sessions Judge concerned;
[e] mark presence before the concerned Police
Station on every alternate Monday for
initial three months and thereafter, on
first Monday of every English calendar Month for a further period of three months only, between 10:00 a.m. and 2:00 p.m.; [f] furnish latest address of 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;
7. The concerned authority shall 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. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or Page 4 of 5 R/CR.MA/13227/2018 ORDER relax any of the above conditions, in accordance with law. At the trial, learned 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. Rule is made absolute to the aforesaid extent.
8. Direct service is permitted.
(R.P.DHOLARIA, J) SAURABH R. CHAUHAN Page 5 of 5