IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 18657 of 2017
(FOR REGULAR BAIL)
HITESHBHAI PUNAMBHAI SOLANKI….Applicant(s)
STATE OF GUJARAT 1….Respondent(s)
MR HIREN M MODI for the Applicant(s) No. 1
MS HANSA PUNANI APP for the Respondent(s) No. 1
MR KARNA H DHOMSE for the Respondent(s) No. 2
CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 04/08/2017
1. The present application has been filed by the
applicantaccused under Section 439 of Criminal
Procedure Code for regular bail, which is a
successive bail application.
2. The applicant-accused is charged with having
committed offences under Sections 306, 498A and
114 of the Indian Penal Code, for which, FIR being
IC.R.No.17/2017 has been lodged with Vasad Police
3. Heard learned advocate, Shri Hiren Modi for the
applicant, learned APP Ms.Punani for the
respondent no.1State and learned advocate, Shri
Karna Dhomse for the respondent no.2.
4. Learned counsel, Shri Modi for the applicant
referred to the background of the facts and
submitted that it was a matrimonial discord and
the deceased committed suicide, however, the
provision of Section 306 of the Indian Penal Code
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cannot be attracted. He has also referred to the
affidavit filed by the father of the deceased –
complainant, who is present in the Court and
submitted that the present application may be
5. Learned APP, Ms.Punani resisted the present
6. In view of the rival submissions and having regard
to the background of the facts, nature of offence,
role attributed and also considering the affidavit
filed by the complainant, the present application
deserves to be allowed without any further
elaboration in light of the broad guidelines with
regard to the grant of bail.
7. Accordingly, present application stands allowed.
The applicant viz., HITESHBHAI PUNAMBHAI SOLANKI
is ordered to be released on regular bail in
connection with IC.R.No.17/2017 registered with
Vasad Police Station, Anand on his executing a
bond of Rs.5,000/ (Rupees Five Thousand Only)
with one solvent surety of the like amount to the
satisfaction of the lower Court and subject to the
conditions that he shall:
(a) not take undue advantage of his liberty or
abuse his liberty.
(b) not to try to tamper or pressurize the
prosecution witnesses or complainant in any
(c) not act in any manner injurious to the
interest of the prosecution.
(d) maintain law and order and should cooperate
the investigating officers.
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(e) furnish the address of his residence to the
Investigating Officer and also to the Court
at the time of execution of the bond and
shall not change his residence without prior
permission of the Court.
8. If breach of any of the above conditions is
committed, the concerned Sessions Judge will be
free to issue warrant or take appropriate action
in the matter.
9. Bail before the lower Court having jurisdiction to
try the case. It would be open to the trial Court
concerned to give time to furnish the solvency
certificate if prayed for.
10. Rule is made absolute. Direct service permitted.
(RAJESH H.SHUKLA, J.)
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