Gujarat High Court
Rahul Hirenbhai Pandya vs State Of Gujarat on 20 May, 2014
Author: R.D.Kothari
Bench: R.D.Kothari
R/CR.MA/19443/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 19443 of 2013
[On note for speaking to minutes of order dated 17/01/2014 in
R/CR.MA/19443/2013 ]
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RAHUL HIRENBHAI PANDYA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR PH BUCH, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 20/05/2014
ORAL ORDER
1. In an order passed by this Court (Coram : Honourable Ms.Justice Sonia Gokani) on 17.01.2014, learned advocate for the applicant has filed Speaking to Minutes. As the said Court was not available, office has obtained order of the Honourable the Chief Justice and the matter was placed before this Court.
2. Heard the learned advocate Mr.Buch for the applicant.
3. Learned advocate for the applicant has drawn attention of the Court to paragraph 6 and 7 of the said order. Para 6 and 7 read as under :
"6. On thus hearing both the sides and considering the medical papers of the father and mother of the Page 1 of 3 1 of 10 R/CR.MA/19443/2013 ORDER applicant placed on record, coupled with the fact that the wife of the present applicant has delivered a child in the recent past, with the applicant having no sibling as well as the fact that the treatment of the father of the applicant is going on at the Gujarat Cancer and Research Institute, New Civil Hospital at Ahmedabad, it would be appropriate to release the applicant on bail for a short period of six months for now from the date of his actual release.
7. For the foregoing reasons, the present applicant is ordered to be released on bail for a short period of four months from the date of his release in connection with the first information report registered vide IC. R No.86 of 2012 with Anand Nagar Police Station, Ahmedabad, on his executing a personal bond of Rs.10,000/(Rupees Ten Thousand only) with a 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 the liberty or misuse the liberty;
(b) not to tamper with the evidence or witnesses in any mode or manner and shall not indulge into any act of administering threat either to the complainant or to any prosecution witnesses;
(c) not to commit any act contrary to law;
(d) not act in a manner injurious to the interest of the prosecution;
(e) surrender passport, if any, to the lower court within a week;
(f) not leave territory of the State of Gujarat without prior permission of the concerned Court;Page 2 of 3
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(g) furnish the present address of residence to the Investigating Officer and also to the concerned Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned Court;
(h) remain present before the concerned Court during the trial without fail. Three consecutive defaults in remaining present before the Court concerned shall entitle the prosecution to move for cancellation of bail;
(i) mark presence at the Crime Branch at Ahmedabad on the first Monday of each English Calender month between 11.00 a.m. and 02.00 p.m.;"
4. Considering the submission made by learned advocate for the applicant and considering the paragraph 6 and 7, period of releasing the applicant stated in Paragraph 7 be read as six months instead of four months. Paragraph 7 be amended accordingly.
5. Speaking to Minutes is accordingly disposed of. Direct service is permitted today.
(R.D.KOTHARI, J.) Amar Page 3 of 3
3 of 10 R/CR.MA/19443/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 19443 of 2013 ================================================================ RAHUL HIRENBHAI PANDYA....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance:
MR PH BUCH, ADVOCATE for the Applicant(s) No. 1
MR LR PUJARI, LD.ADDL.PUBLIC PROSECUTOR for the Respondent No. 1 ================================================================ CORAM: HONOURABLE MS JUSTICE SONIA GOKANI Date : 17/01/2014 ORAL ORDER
1. This successive bail application has been preferred by the applicant under section 439 of the Criminal Procedure Code, 1973 for grant of regular bail in connection with the first information report being IC.R.No.86 of 2012 registered with Anand Nagar Police Station, Ahmedabad, qua the alleged commission of offences punishable under sections 489(B) and (C) of the Indian Penal Code.Page 1 of 7
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2. The applicant had earlier preferred bail applications under section 439 of the Criminal Procedure Code, 1973, all of which came to be either rejected or withdrawn. While permitting withdrawal of the last application preferred by the applicant for regular bail, he was permitted to approach this Court praying for temporary bail, if permissible under the law. It is urged that the applicant is in jail since April, 2012. By a detailed speaking order, this Court on earlier occasion vide order dated September 03, 2012 had rejected his application for regular bail being Criminal Miscellaneous Application No.11057 of 2012.
3. The present applicant was released on temporary bail vide order dated July 15, 2013 rendered in Criminal Miscellaneous Application No.9968 of 2013 for a period of three months from the date of his actual release.
4. It is urged by the learned counsel Mr.Buch appearing for the applicant that the father of the applicant is still suffering from cancer and Page 2 of 7 5 of 10 R/CR.MA/19443/2013 ORDER the mother of the applicant has also met with a serious accident. She also had an attack of paralysis on account of such accident. Further, the wife of the applicant has given birth to a child in the recent past and, therefore, there is no one to look after the ailing parents of the applicant. He, therefore, urged that with no criminal antecedent against the applicant, the applicant may either be released on regular bail or in the alternative, he may be released for a short period.
5. Mr.L.R. Pujari, learned Additional Public Prosecutor, urges that this Court may pass appropriate orders keeping in mind the prevalent family conditions of the applicant.
6. On thus hearing both the sides and considering the medical papers of the father and mother of the applicant placed on record, coupled with the fact that the wife of the present applicant has delivered a child in the recent past, with the applicant having no sibling as well as the fact that the treatment of the father of the applicant Page 3 of 7 6 of 10 R/CR.MA/19443/2013 ORDER is going on at the Gujarat Cancer and Research Institute, New Civil Hospital at Ahmedabad, it would be appropriate to release the applicant on bail for a short period of six months for now from the date of his actual release.
7. For the foregoing reasons, the present applicant is ordered to be released on bail for a short period of four months from the date of his release in connection with the first information report registered vide IC.R No.86 of 2012 with Anand Nagar Police Station, Ahmedabad, on his executing a personal bond of Rs.10,000/ (Rupees Ten Thousand only) with a 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 the liberty or misuse the liberty;
(b) not to tamper with the evidence or witnesses in any mode or manner and shall not indulge into any act of administering threat either to the complainant or to any prosecution witnesses;Page 4 of 7
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(c) not to commit any act contrary to law;
(d) not act in a manner injurious to the interest of the prosecution;
(e) surrender passport, if any, to the lower court within a week;
(f) not leave territory of the State of Gujarat without prior permission of the concerned Court;
(g) furnish the present address of residence to the Investigating Officer and also to the concerned Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned Court;
(h) remain present before the concerned Court during the trial without fail. Three consecutive defaults in remaining present before the Court concerned shall entitle the prosecution to move for cancellation of bail;
Page 5 of 7
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R/CR.MA/19443/2013 ORDER
(i) mark presence at the Crime Branch at Ahmedabad on the first Monday of each English Calender month between 11.00 a.m. and 02.00 p.m.;
8. The jail authorities will release the applicant, only if not required in connection with any other offence.
9. If breach of any of the above conditions is committed, the Sessions Court concerned will be at liberty to issue warrant or take appropriate action in the matter.
10. Bail bonds to be executed before the lower court having jurisdiction to try the case.
11. For modification and/or deletion of any of the conditions herein above, the applicant will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
Page 6 of 7
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R/CR.MA/19443/2013 ORDER
12. The Sessions Court shall not be influenced by the observations of preliminary nature made hereinabove while enlarging the applicant on bail.
Rule is made absolute to the above extent. Direct service is permitted.
(MS SONIA GOKANI, J.) Aakar Page 7 of 7 10 of 10