Kalabhai Hammirbhai Dholiya & vs State Of Gujarat on 24 August, 2017

R/CR.MA/19109/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.19109
of 2017

KALABHAI HAMMIRBHAI DHOLIYA 1….Applicants
Versus
STATE OF GUJARAT….Respondent

Appearance :
MR PARESH H VAGHELA, ADVOCATE for the Applicants.
MR SANDIP M PATEL, ADVOCATE for the Applicants.
MR L.B. DABHI, APP for the Respondent No.1.

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 24/08/2017
ORAL ORDER

1. Mr. Sandip M. Patel, learned advocate appearing for the
applicants does not press this application qua applicant No.2

– Bharatbhai Kalabhai Dholiya. The present application
stands dismissed as not pressed qua applicant No.2.

2. This successive application is filed under Section 439 of the
Code of Criminal Procedure for regular bail in connection
with F.I.R. registered at C.R. No. I – 132 of 2016 with
Keshod Police Station, District Junagadh, for the
offences punishable under Sections 302, 498A and 114 of
Indian Penal Code.

3. Learned advocate for the applicant submits that considering
the nature of offence, the applicant No.1 may be enlarged on
regular bail by imposing suitable conditions.

4. The learned APP opposes the grant of bail looking to the
nature and gravity of offences.

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

6. I have heard learned advocates appearing for the parties and
perused the papers of investigation. Considering the offence
as alleged in the FIR and also considering the nature of
allegations made in the FIR and considering the fact that
investigation is over, charge-sheet is filed and the applicant
No.1 is behind bar since 14.11.2016, I am of the opinion that
this is a fit case to exercise the discretion to enlarge the
applicant No.1 on bail. Hence, the application is allowed and
the applicant No.1 – Kalabhai Hammirbhai Dholiya is
ordered to be released on bail in connection with C.R. No. I –
132 of 2016 with Keshod Police Station, District
Junagadh on executing a 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 injuries 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 at the concerned Police Station on every
Monday of each English Calendar month for a period of
three months between 11.00 a.m. and 2.00 p.m. and
thereafter shall attend the trial;

[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;

7. The Authorities will release the applicant No.1 only if he is

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R/CR.MA/19109/2017 ORDER

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 No.1 on bail.

8. Rule made absolute to the aforesaid extent. Direct service is
permitted.

(A.J.DESAI, J.)

Savariya

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