Vishanbhai Hirabhai Makwana Makwana ... vs State Of Gujarat on 21 December, 2020

[Cites 14, Cited by 6]

Gujarat High Court

Vishanbhai Hirabhai Makwana Makwana ... vs State Of Gujarat on 21 December, 2020

Bench: Vikram Nath

         R/CR.MA/19382/2020                                             ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 19382 of 2020

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           VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI)
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MR MITESH AMIN, PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH

                                 Date : 21/12/2020

                                   ORAL ORDER

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.11993005200314 of 2020 registered with Adesar Police Station, District Kutch-Gandhidham (East) for the offence under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120(B) & 506(2) of the IPC and under Sections 25(1-b)A, 27 & 29 of the Arms Act and under Section 135 of the G.P.Act.

3. Heard Shri Premal Rachh, learned counsel for the applicant and Shri Mitesh Amin, learned Public Prosecutor for the State.

4. It is submitted by the learned counsel for the applicant that the applicant is in jail since 22.05.2020 and the applicant has no criminal antecedents. It is next submitted that as per the prosecution story the applicant was armed with fire arm weapon, however, the postmortem report does not indicate or mention any fire arm injury. All the ante-mortem injuries are caused by blunt or hard object or a sharp edged weapon. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on Page 1 of 3 Downloaded on : Tue Dec 22 23:13:44 IST 2020 R/CR.MA/19382/2020 ORDER 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. However, learned Public Prosecutor does not dispute the factual status as recorded above.

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 applicant 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 applicant is ordered to be released on regular bail in connection with FIR being C.R.No.11993005200314 of 2020 registered with Adesar Police Station, District Kutch-Gandhidham (East) on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one 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 injurious to the interest of the prosecution;

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R/CR.MA/19382/2020 ORDER [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 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.

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.

(VIKRAM NATH, CJ) A. B. VAGHELA/P.SUBRAHMANYAM Page 3 of 3 Downloaded on : Tue Dec 22 23:13:44 IST 2020

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