Gujarat High Court
Thakor Girishji Dhanaji vs State Of Gujarat on 7 February, 2022
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
R/CR.MA/286/2022 ORDER DATED: 07/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 286 of 2022
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THAKOR GIRISHJI DHANAJI
Versus
STATE OF GUJARAT
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Appearance:
VIVEK M BRAHMBHATT(10076) for the Applicant(s) No. 1
MR HIMANSHU PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 07/02/2022
ORAL ORDER
1. Learned advocate Mr. Urvish Patel is appearing on behalf of the original complainant. Accordingly, he is permitted to file his vakalatnama on behalf of the Original Complainant. He further states that the issue is amicably settled between the parties and affidavit to that effect may be taken on record.
2. Heard learned advocate Mr. Vivek Brahmbhatt for the applicant and learned Additional Public Prosecutor Mr. Himanshu Patel for the respondent - State and learned advocate Mr. Urvish Patel for the original complainant.
3. Learned advocate Mr. Urvish Patel for the original complainant jointly submit that the issue is amicably settled between the parties and he has no objection if the applicant is released on bail.
4. 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 at Part A-1120600210910 of Page 1 of 4 Downloaded on : Mon Feb 07 20:59:42 IST 2022 R/CR.MA/286/2022 ORDER DATED: 07/02/2022 2021 with Visnagar Taluka Police Station, for the offence punishable under Sections 363, 366 and 376 of the IPC and under Sections 4, 6 and 8 of Gujarat Police Act.
5. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.
6. On the other hand, learned APP appearing for the respondent
- State opposed grant of regular bail looking to the nature and gravity of the offence.
7. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-
i. Investigation is over and charge-sheet is filed. ii. The applicant is in jail since 30.10.2021. iii. Learned advocate Mr. Urvish Patel states that the issue is amicably settled between the parties. iv. There are no other past antecedents against the applicant.
8. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the Page 2 of 4 Downloaded on : Mon Feb 07 20:59:42 IST 2022 R/CR.MA/286/2022 ORDER DATED: 07/02/2022 applicant is ordered to be released on regular bail in connection with FIR registered at Part A-1120600210910 of 2021 with Visnagar Taluka Police Station on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;
[a] not take undue advantage of liberty or misuse liberty [b] not act in a manner injurious to the interest of the prosecution;
[c] not to leave the Gujarat without prior permission of the Sessions Judge concerned;
[d] surrender passport, if any, to the lower court within a week;
[e] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Sessions Court concerned;
[f] mark his presence before the concerned police station in the first week of every month till the trial is over; [g] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.
9. The Authorities will release the applicant only if the applicant 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 Page 3 of 4 Downloaded on : Mon Feb 07 20:59:42 IST 2022 R/CR.MA/286/2022 ORDER DATED: 07/02/2022 warrant or take appropriate action in the matter.
10. 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 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.
11. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.
12. Direct service is permitted.
(NIRZAR S. DESAI,J) *F.S. KAZI.....
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