Gujarat High Court
Rameshbhai @ R.D. Rambhai Desai Rabari vs State Of Gujarat on 8 September, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/16359/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 16359 of 2015
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RAMESHBHAI @ R.D. RAMBHAI DESAI RABARI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR NR KODEKAR, ADVOCATE for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 08/09/2015
ORAL ORDER
1. Rule. Ms.Monali Bhatt, learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure Code for regular bail in connection with F.I.R. registered at C.R. No. I - 50 of 2015 with Ramol Police Station, District Ahmedabad for the offences punishable under Sections 304, 278, 120 (B) and 114 of the Indian Penal Code.
3. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP opposes the grant of bail looking Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Sep 09 02:36:02 IST 2015 R/CR.MA/16359/2015 ORDER to the nature and gravity of offences.
5. I have heard learned advocates appearing for the parties. Considering the offence as alleged in the FIR and the fact that investigation is over and the charge-sheet is filed and also considering the fact that co-accused i.e. owners of the affluent have been enlarged on bail by the coordinate Bench of this Court vide order dated 5.5.2015 passed in Criminal Misc. Application No.8018 of 2015 and the order dated 5.8.2015 passed in Criminal Misc. Application No.14466 of 2015 as well as by this Court vide order dated 01.09.2015 passed in Criminal Misc.Application No.15738 of 2015 and Criminal Misc. Application No.15733 of 2015, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 50 of 2015 with Ramol Police Station, District Ahmedabad, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local 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 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;
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R/CR.MA/16359/2015 ORDER
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; [e] mark presence at the concerned police station on any day of the first week of every English calendar 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;
6. The Authorities will release the applicant only if he 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 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 applicant on bail. Rule made absolute to the aforesaid extent.
Direct service is permitted.
(A.J.DESAI, J.) Ashish Tripathi Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Sep 09 02:36:02 IST 2015