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Beblabhai Hirabhai Rathva vs State Of Gujarat on 11 July, 2019

R/CR.MA/12889/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 12889 of 2019

BEBLABHAI HIRABHAI RATHVA
Versus
STATE OF GUJARAT

Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1,2
MR MITESH AMIN, PUBLIC PROSECUTOR for Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 11/07/2019

ORAL ORDER

1. Rule. Learned Public Prosecutor Mr.Mitesh
Amin waives service of Rule on behalf of the
respondent State.

2. 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.I­56 of 2019
registered with Chhotaudepur Police Station,
District Chhotaudepur for offence under
Sections 498A, Section306 and Section114 of IPC .

3. Learned Advocate appearing on behalf of the
applicants submits that considering the
nature of the offence, the applicants may be
enlarged on regular bail by imposing suitable
conditions.

4. Learned Public Prosecutor appearing on behalf

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R/CR.MA/12889/2019 ORDER

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

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

6. 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 applicants on regular bail.

7. This Court has considered the following
aspects:

(a) applicant No.1 is aged about 65 years
and he is father­in­law of the deceased,
whereas applicant No.2 is lady accused aged
about 60 years and she is mother­in­law of
the deceased.

(b) applicants are in jail since 25.06.2019.

(c) I have considered the allegations
levelled against the applicants. I have also
gone through the material placed on record.
In the facts and circumstances of the present
case, I am inclined to consider the case of
the applicants.

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R/CR.MA/12889/2019 ORDER

8. 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.

9. Hence, the present application is allowed.

The applicants are ordered to be released on
regular bail in connection with FIR being
C.R.No.I­56 of 2019 registered with
Chhotaudepur Police Station, District
Chhotaudepur on executing personal bond of
Rs.10,000/­ (Rupees Ten Thousand only) each
with one surety of the like amount to the
satisfaction of the trial Court and subject
to the conditions that they 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] mark presence before the concerned
Police Station between 1st to 10th day
of every English calendar month for a
period of six months between 11:00

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R/CR.MA/12889/2019 ORDER

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;

10. The authorities will release the applicants
only if they are 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.

11. At the trial, the Trial Court shall not be
influenced by the prima facie observations
made by this Court in the present order.

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

(VIPUL M. PANCHOLI, J)
Jani

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