R/CR.MA/1392/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1392 of 2018

JASHWANTSINGH LAXMANSINGH ZALA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
DARSHIT R BRAHMBHATT, ADVOCATE for the Applicant(s) No. 1
MR RAKESH PATEL, APP for the RESPONDENT(s) No. 1
MS AKSHITABA SOLANKI, ADVOCATE for the Complainant.

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 09/02/2018

ORAL ORDER

The present application is filed under Section 439 of the
Code of Criminal Procedure, 1973, for regular bail in
connection with the First Information Report registered with
the Kapadwanj Town Police Station, District Kheda, vide I-
C.R.No.38 of 2017, for the offences punishable under Sections
498A, 302, 306, 325, 323, 504, 506(2) read with Section 114
of the Indian Penal Code.

The learned advocate appearing on behalf of the
applicant submits that considering the nature of the offence,
the applicant may be enlarged on regular bail by imposing
suitable conditions.

The learned APP appearing on behalf of the respondent-

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State has opposed grant of regular bail looking to the nature
and gravity of the offence.

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

I have heard the learned advocates appearing on behalf
of the respective parties and perused the papers of the
investigation and considered the allegations levelled against
the applicant and the role played by the applicant.

I have also taken into consideration the following
aspects :

(1) The investigation is over. Charge-sheet has been filed.

(2) I take notice of an order dated 25.1.2018 passed by a
coordinate bench in the Criminal Misc. Application No.640
of 2018, releasing one of the co-accused on bail. The
observations of the coordinate bench are quite important.
I may quote the observations thus :

“3. Learned counsel for the petitioner has drawn
attention of this court to the contents of the FIR and
the statement of the witness Manoj recorded on
18.7.2017. In his submission the offence occurred in
fit of the moment on account of the dispute
pertaining to the land, which, according to the
deceased, was mortgaged by him 20 years back
with the accused and she wanted the accused to
release the same. The accused joined the issue and
stated that no land was ever mortgaged to her/her
other family members. It is pointed out that during
the scuffle the deceased allegedly gave a stick
blows on his abdomen on account of which he

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sustained some injuries for which he initially sought
medical help from Maruti Orthopaedic Hospital
which noted the injuries and then discharged him,
but, on account of persistent pain experienced by
him (deceased), he was referred to civil hospital,
where post operation he died. It was contended
that no blows were caused by the petitioner on any
vital part of the body of the deceased and that the
deceased might have died on account of other
complications not attributable to the petitioner. He
would submit that being a woman the case for the
petitioner be considered sympathetically.

4. Opposing the bail application, learned APP
submitted that serious offence is attributed to the
petitioner and it is only because of the severe
injuries caused by stick blows on the abdomen of
the deceased, he succumbed eventually. It was
argued that the stomach is a vital part of the body
and the injuries thereon eventually proved fatal.

5. Learned counsel for the complainant joined with
the learned APP. She also invited attention of this
court to the contents of the FIR and contended that,
on account of trivial issue, the petitioner and other
accused caused the life of the complainants father.

6. Having considered the rival contentions, the
question as to whether the death of the deceased
was caused by the injuries attributed to the
petitioner has been raised in the circumstances
where the deceased did not immediately succumb
to the injuries but after visiting two hospitals and
after surgical operation, he succumbed. Therefore
upheal task lies ahead for the prosecution to
establish the direct nexus of the act of the
petitioner with the death of the deceased.

Under the above circumstances, this court is
inclined to exercise the discretion in favour of the
petitioner more particularly the petitioner being a
woman and the nature of attribution to her. The
case for admitting the petitioner to bail is thus
made out.

7. Hence, the application is allowed and applicant is

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ordered to be released on bail in connection with
C.R. No.I – 38 of 2017 registered with Kapadwanj
Town Police Station, 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 she
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 her passport, if any, to the lower
court within a week;

[d] not leave the territory of India without
prior permission of the Sessions Judge
concerned;

[e] not enter into village Sorana, Taluka
Kapadwanj, District Kheda, until
conclusion of the trial except for
attending the court and for marking the
presence;

[f] mark presence in the concerned police
station once in a calendar month;

[g] at the time of execution of bond, furnish
the address to the Investigating Officer
and the court concerned and shall
intimate the change of address, if any, to
the court and I.O.

7.1 The competent authority will release the
applicant only if he is not required in connection
with any other offence for the time being.

7.2 If breach of any of the above conditions is
committed, the Sessions Judge concerned will be
free to take appropriate action in the matter.

7.3 Bail bond to be executed before the lower court

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having jurisdiction to try the case.

7.4 It will be open for the concerned Court to delete,
modify and/or relax any of the above conditions in
accordance with law.

7.5 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 on bail.””

This Court has also taken into consideration the law laid
down by the Hon’ble Apex Court in the case of Sanjay Chandra
v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

In the facts and circumstances of the case and
considering the nature of the allegations made against the
applicant in the FIR, without discussing the evidence in detail,
prima facie, this Court is of the opinion that this is a fit case to
exercise the discretion 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 the First Information Report registered with
the Kapadwanj Town Police Station, District Kheda, vide I-
C.R.No.38 of 2017, on executing a personal bond of
Rs.25,000/- (Rupees Twenty Five 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;

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[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 alternate Monday 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;

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.

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

(J.B.PARDIWALA, J.)
/MOINUDDIN

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