Sukhabhai Mavjibhai Patel & vs State Of Gujarat on 29 January, 2016

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Gujarat High Court

Sukhabhai Mavjibhai Patel & vs State Of Gujarat on 29 January, 2016

Bench: A.J.Desai

                   R/CR.MA/2224/2016                                                ORDER



                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 2224 of 2016

         ==========================================================
                       SUKHABHAI MAVJIBHAI PATEL & 1....Applicant(s)
                                        Versus
                           STATE OF GUJARAT....Respondent(s)
         ==========================================================
         Appearance:
         MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 - 2
         MR LB DABHI, APP for the Respondent(s) No. 1
         ==========================================================

                   CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                         Date : 29/01/2016


                                          ORAL ORDER

1. Mr. Chirag Patel learned advocate is permitted to file his appearance on behalf of the original complainant and shall file within a period of three days. He also placed on record a copy of affidavit on behalf the original complainant and the same is taken on record. He has also identified the complainant who is present in the Court.

2. Rule. Mr. L.B.Dabhi, Learned APP waives service of notice of Rule on behalf of respondentState and Mr. Chirag Parekh learned advocate waives service of notice of Rule on behalf of the original complainant.

3. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No. I 93 of 2015 with Vadhavan Police Station for the offences punishable under Sections 34, 385, 506(2) and 120(B) Page 1 of 3 HC-NIC Page 1 of 3 Created On Sun Jan 31 02:46:44 IST 2016 R/CR.MA/2224/2016 ORDER etc. of the IPC.

4. Learned advocate for the applicants submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

5. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

6. I have heard learned advocates appearing for the parties.

Considering the dispute between the parties, the affidavit filed by the original complainant in the matter, also considering the fact that the dispute between the partied is settled and the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail. Hence, the application is allowed and the applicants are ordered to be released on bail in connection with C.R.No. I 93 of 2015 with Vadhavan Police Station on executing a bond of Rs.10,000/ (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence at the concerned police station on every Monday for a period of three months and thereafter on any Page 2 of 3 HC-NIC Page 2 of 3 Created On Sun Jan 31 02:46:44 IST 2016 R/CR.MA/2224/2016 ORDER day of first week of each English Calender Month for a period of six months;

[f] furnish the present address of 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;

7. The Authorities will release the applicants only if they are 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 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. 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 applicants on bail.

8. Rule made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) *Kazi...

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