Gujarat High Court
Pritiben Pinakinbhai Shukal vs State Of Gujarat on 4 June, 2020
Equivalent citations: AIRONLINE 2020 GUJ 1886
Author: Vikram Nath
Bench: Vikram Nath
R/CR.MA/7629/2020 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/CRIMINALMISC.APPLICATIONNO. 7629of 2020
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PRITIBENPINAKINBHAISHUKAL Versus STATEOF GUJARAT ========================================================== Appearance:
MRDARSHANP KINARIWALAFORMRNIKUNJD BALAR(2763)for the Applicant(s)No. 1,2 MRMITESHAMIN,PUBLICPROSECUTOR(2)for the Respondent(s)No. 1 ========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH Date: 04/06/2020 ORALORDER
1. Rule. Shri Mitesh Amin, learned Public Prosecutor waives service of Rule for the respondent - State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.11193003200339 of 2020 registered with Amreli City Police Station for the offence under Sections 304, 308, 420, 269, 270 and 34 of the IPC and under Sections 30 and 35 of the Gujarat Medical Practitioner Act, 1963.
3. Heard learned counsel Shri Darshan Kinariwala for Shri Nikunj Balar, learned advocate for the applicants and Shri Mitesh Amin, learned Public Prosecutor for the State through Video Conferencing.
4. Learned counsel for the applicants submits that the applicants are in jail since 13.03.2020 and they have no criminal antecedents except one complaint under Medical Practitioners Act of not maintaining the required infrastructure. It is further submitted that the applicants have Page 1 of 3 Downloaded on : Thu Jun 04 23:25:08 IST 2020 R/CR.MA/7629/2020 ORDER been falsely implicated. Learned counsel appearing on behalf of the applicants submits that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
5. 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.
6. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
7. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.
8. Looking to the overall facts and circumstances of the present case, I am inclined to consider the case of the applicant.
9. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.
10. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being C.R.No.11193003200339 of 2020 registered with Amreli City Police Station on executing a personal 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 Page 2 of 3 Downloaded on : Thu Jun 04 23:25:08 IST 2020 R/CR.MA/7629/2020 ORDER 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] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present 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;
11. 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.
12. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
13. Rule is made absolute to the aforesaid extent. The Registry is directed to communicate this order to the concerned court by email.
(VIKRAMNATH,CJ) DIPTIPATEL Page 3 of 3 Downloaded on : Thu Jun 04 23:25:08 IST 2020