Priyarajsinh Jagdishsinh Zala vs State Of Gujarat on 13 October, 2017

R/CR.MA/11602/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 11602 of 2017

PRIYARAJSINH JAGDISHSINH ZALA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE P.P.BHATT

Date : 13/10/2017
ORAL ORDER

1. The present application is filed under Section 439
of the Code of Criminal Procedure by the applicant for
regular bail in connection with First Information
Report being C.R.No.I-91/2016 registered with Bhuj
City ‘A’ Police Station, for the offences punishable
under Sections 366, 354, 323, 504, 506(2) and 114 of
the Indian Penal Code by quashing and setting aside
the order dated 11.04.2017 passed by learned 8th
Additional (Ad-hoc) Sessions Judge, Bhuj-Kachchh.

2. Heard learned counsel for the applicant and
learned Additional Public Prosecutor for the
respondent-State.

3. Learned advocate for the applicant submits that
the applicant was released on bail by this Court vide
order dated 05.10.2016 passed in Criminal Misc.

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Application No.22986 of 2016 by imposing certain

conditions and one of the conditions was that the
applicant shall not enter into Bhuj City till the
trial is over, but the applicant committed breach of
the said condition and that is why the bail granted by
this Court was order to be cancelled by the trial
Court vide order dated 11.04.2017 and being aggrieved
with the said order the present application is filed
by the applicant seeking regular bail in connection
with the C.R.No.I-91/2016 registered with Bhuj City
‘A’ Police Station, for the offences punishable under
Sections 366, 354, 323, 504, 506(2) and 114 of the
Indian Penal Code. Learned advocate for the applicant
further submits that the trial of the Sessions Case
No.66 of 2016 is commenced and some of the prosecution
including prosecutrix have been examined. While
referring the evidence of the prosecutrix, learned
advocate submits that the prosecutrix has not
supported the prosecution case, and therefore, the
applicant may be enlarged on bail by imposing
appropriate conditions. Learned advocate for the
applicant upon instructions submits that without
prejudice to his rights and contentions, the applicant
is ready and willing to deposit Rs.5,000/- before the
District Legal Service Authority, Kuchchh at Bhuj at
the time of executing bail bond. It is also stated
that the applicant will not claim any refund in the
event of acquittal in future. It is further submitted
that the applicant is having roots in Kachchh District
and also having responsibility towards his family and
the applicant is ready and willing to abide by the

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terms and conditions that may be imposed by this
Court. Therefore, considering the nature and gravity
of the accusation made against the applicant, he may
be enlarged on regular bail by quashing and setting
aside the order 11.04.2017 passed by the trial Court.

4. Learned Additional Public Prosecutor appearing on
behalf of the respondent-State has opposed the
application for grant of regular bail looking to the
nature and gravity of the offence. Therefore, the
present application may be rejected. It is further
submitted that the applicant did not surrender before
the concerned trial Court or police station, but
subsequent during the pendency of this application,
upon direction issued by this Court the applicant has
surrendered before the concerned Court on 11.10.2017
and sent to the concerned police station. A report
received from the Superintendent, Palara Special Jail,
dated 13.10.2017 is produced on record by the learned
APP.

5. Regard being had to the above submissions, in the
facts and circumstances of the case, considering the
nature and gravity of accusation made against the
applicant in the First Information Report and other
charge-sheet papers as also considering the fact that
without prejudice to his rights and contentions, the
applicant is ready and willing to deposit Rs.5,000/-
before the District Legal Service Authority, Kuchchh
at Bhuj at the time of executing bail bond, this Court
is of the view that discretion is required to be
exercised in favour of the applicant for grant of
bail. Hence, the present application is allowed and

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consequentially the order dated 11.04.2017 passed by
learned 8th Additional (Ad-hoc) Sessions Judge, Bhuj-
Kachchh is hereby quashed and set aside. The applicant
is ordered to be released on regular bail in
connection with the FIR being C.R.No.I-91/2016
registered with Bhuj City ‘A’ Police Station, on his
executing 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 following 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] not enter into the Bhuj City till the
trial is over;

[f] mark presence before the nearest 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.;

[g] furnish latest and permanent address of
residence to the Investigating Officer, and
also to the Court at the time of execution

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of the bond, and shall not change the
residence without prior permission of this
Court;

[h] deposit an amount of Rs.5,000/- (Five
Thousand Only) before the District Legal
Services Authority, Kachchh at Bhuj, at the
time of executing bail bond before the
concerned trial Court, failing which, this
order shall automatically stands cancelled.
The said amount shall be utilized for the
purpose of legal service activities.

6. The authorities will release the applicant only
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.

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

(P.P.BHATT, J.)
BD Songara

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