Dahyabhai Pithabhai Patal(Dalit) vs State Of Gujarat on 20 August, 2019

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Gujarat High Court

Dahyabhai Pithabhai Patal(Dalit) vs State Of Gujarat on 20 August, 2019

Bench: Vipul M. Pancholi

       R/CR.MA/8580/2019                                             ORDER



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 8580 of 2019
=======================================================
            DAHYABHAI PITHABHAI PATAL(DALIT)
                          Versus
                    STATE OF GUJARAT
=======================================================
Appearance:
MR.WASIM M PATHAN(6802) for the Applicant(s) No. 1,2
MR LB DABHI APP(2) for the Respondent(s) No. 1
=======================================================

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

                             Date : 20/08/2019
                                  ORAL ORDER

1. 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.I122/2018 registered with Prabhash Patan Police Station, GirSomnath for offence under Sections 302, 435, 341, 364, 323, 143, 147, 148 and 149 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

2. Learned Advocate 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.

3. Learned APP appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

5. Having heard the learned advocates for the parties and perusing the material placed on record and Page 1 of 4 Downloaded on : Wed Aug 21 00:37:15 IST 2019 R/CR.MA/8580/2019 ORDER 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.

6. This Court has considered following aspects,

(a) the applicants are in jail since 20.10.2018;

(b) the investigation is concluded and the chargesheet is filed;

(c) the prosecution has placed reliance upon the statement of eyewitness viz., Akshay Bhikhubhai Solanki. However if the statement of the said witness is carefully seen then, it is revealed that as per the statement of the said socalled eyewitness, he has seen the incident, wherein the present applicants have given kick and fist blows and no other role is attributed to the present applicants;

(d) I have also perused the Postmortem Note of the deceased, wherein in Col.No.17, it is observed that no injury is seen.

(e) I have also perused the final cause of death received by the investigating agency from the concerned officer of FSL, in which, it is stated that the deceased died due to drowning;

(f) there is nothing on record to suggest that the present applicants have thrown the deceased in the pit, which filled with water; Looking to the investigation papers and looking to overall facts of the present case, I am Page 2 of 4 Downloaded on : Wed Aug 21 00:37:15 IST 2019 R/CR.MA/8580/2019 ORDER inclined to consider the case of the applicant.

7. 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.

8. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being C.R. No.I 122/2018 registered with Prabhash Patan Police Station, GirSomnath on executing a personal bond of Rs.10,000/ (Rupees Ten Thousand only) each with one surety each 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 injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the 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;

Page 3 of 4 Downloaded on : Wed Aug 21 00:37:15 IST 2019

R/CR.MA/8580/2019 ORDER

9. 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.

10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

11. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J.) Gautam Page 4 of 4 Downloaded on : Wed Aug 21 00:37:15 IST 2019

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