R/CR.MA/23080/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 23080 of 2019
ASHWINBHAI MANGUBHAI PANDOR
Versus
STATE OF GUJARAT
Appearance:
MR JV JAPEE(358) for the Applicant(s) No. 1
MR HK PATEL, APP (2) for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 15/01/2020
ORAL ORDER
1. The present application is filed under
Section 439 of the Code of Criminal
Procedure, 1973, for regular bail in
connection with FIR being C.R.No.I-76 of 2019
registered with Shamlaji Police Station,
Aravalli for offence under Sections 498A,
306, 323 and 114 of the Indian Penal Code.
2. 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.
3. 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.
4. Learned Advocates appearing on behalf of the
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R/CR.MA/23080/2019 ORDER
respective parties do not press for further
reasoned order.
5. Having heard the learned advocates for the
parties and perusing the material placed on
record and taking into consideration the
facts of the case, nature of allegations,
gravity of offences, role attributed to the
accused, without discussing the evidence in
detail, this Court is of the opinion that
this is a fit case to exercise the discretion
and enlarge the applicant on regular bail.
6. This Court has considered following aspects;
(a) the applicant is in jail since
27.11.2019; (b) investigation is almost
concluded qua the applicant; (c) the marriage
span of the applicant with the deceased was
more than nine years; (d) it is submitted
that other co-accused have been enlarged on
bail by the concerned Court; (e) one of the
co-accused i.e. lady accused is enlarged on
anticipatory bail by this Court, copy of the
said order is placed at page 19 of the
compilation; (f) it is submitted that while
enlarging the co-accused on anticipatory
bail, this Court has observed as under:
“Submission of learned advocate for the
applicant that the deceased was under the
treatment of the Psychiatrist and was treated
for `psychosis’; in view of the aforesaidPage 2 of 4
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R/CR.MA/23080/2019 ORDERfacts and circumstances of the present case,
I am inclined to consider the case of the
applicant.
7. This Court has also taken into consideration
the law laid down by the Hon’ble Apex Court
in the case of Sanjay Chandra Vs. Central
Bureau of Investigation, reported in [2012] 1
SCC 40.
8. Hence, the present application is allowed.
The applicant is ordered to be released on
regular bail in connection with FIR being
C.R.No.I-76 of 2019 registered with Shamlaji
Police Station, Aravalli 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 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 injurious to the
interest of the prosecution;
[c] surrender passport, if any, to the
lower court within a week;
[d] not leave India without prior
permission of the concerned trial
court;
[e] mark presence before the concerned
Police Station between 1st to 10th day
of every English calendar month for a
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R/CR.MA/23080/2019 ORDER
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 the
concerned trial court;
9. 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.
10. At the trial, the Trial Court shall not be
influenced by the prima facie observations
made by this Court in the present order.
11. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
(VIPUL M. PANCHOLI, J)
SRILATHA
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