Vikramsinh Dhirubhai Jadav Thro ... vs State Of Gujarat on 3 December, 2021

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Gujarat High Court

Vikramsinh Dhirubhai Jadav Thro ... vs State Of Gujarat on 3 December, 2021

Bench: Ashutosh J. Shastri

      R/CR.MA/13251/2021                       ORDER DATED: 03/12/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


            R/CRIMINAL MISC.APPLICATION NO. 13251 of 2021

=============================================
  VIKRAMSINH DHIRUBHAI JADAV THRO MADHAVSINH DHIRUBHAI JADAV
                               Versus
                        STATE OF GUJARAT
=============================================
Appearance:
MR DHAVAL N VAKIL(3556) for the Applicant(s) No. 1
MR.MANAN MEHTA, APP (2) for the Respondent(s) No. 1
=============================================

 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                           Date : 03/12/2021
                             ORAL ORDER

[1] RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

[2] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant through his brother for regular bail in connection with an FIR being C.R.No.I-11204033200004 of 2020 registered with Limbasi Police Station, District: Kheda for the offences under Sections 302, 143, 147, 148, 149, 323, 325 and 504 of the Indian Penal Code.

[3] Learned advocate appearing for the applicant has submitted that the application was submitted on the ground of medical condition of the applicant and it has been stated before the Court that the applicant being suffering from paralysis and is totally bedridden and it has also been submitted before the Court that on account of Page 1 of 4 Downloaded on : Wed Jan 12 06:52:05 IST 2022 R/CR.MA/13251/2021 ORDER DATED: 03/12/2021 this kind of situation only, time and again even temporary bail has been granted to the applicant. Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

[5] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.

[6] With a view to verify the medical condition of the applicant, the Court granted time on previous occasion and pursuant to which today when the matter is taken up for hearing, a report is submitted by Ms.R.D.Chaudhary, Police Sub-Inspector, Limbashi Police Station, dated 17.11.2021 in which it has been clearly indicated that the applicant is suffering from paralysis and is in a pitiable condition and as such has left it to the discretion of the Court. The relevant statement and the certificate of Medical Officer, Saadat Sarvajanik Hospital and Maternity Home, Tarapur, District Anand is also placed on record Page 2 of 4 Downloaded on : Wed Jan 12 06:52:05 IST 2022 R/CR.MA/13251/2021 ORDER DATED: 03/12/2021 [7] Considering the aforesaid overall situation, in view of prima facie established medical condition and in the facts and circumstances of the case, I am of the opinion that discretion is required to be exercised in favour of the applicant and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I- 11204033200004 of 2020 registered with Limbasi Police Station, District: Kheda 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 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] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;

Page 3 of 4 Downloaded on : Wed Jan 12 06:52:05 IST 2022

R/CR.MA/13251/2021 ORDER DATED: 03/12/2021 [f] furnish latest and permanent 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;

[8] 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 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.

[9] Rule is made absolute to the aforesaid extent. Direct service is permitted.

(ASHUTOSH J. SHASTRI, J.) DHARMENDRA KUMAR Page 4 of 4 Downloaded on : Wed Jan 12 06:52:05 IST 2022

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