SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Bhikhabhai Mohanbhai Solanki vs State Of Gujarat on 26 February, 2020

R/CR.MA/19/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 19 of 2020

BHIKHABHAI MOHANBHAI SOLANKI
Versus
STATE OF GUJARAT

Appearance:
MR PARAM R BUCH(5625) 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 : 26/02/2020

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-51 of 2018
registered with Maliya Hatina Police Station,
Junagadh for offence under Sections 498A,
323, 504, 506(2) and 302 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

Page 1 of 5

Downloaded on : Thu Feb 27 03:34:49 IST 2020
R/CR.MA/19/2020 ORDER

the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the
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 aged about 65 years and
is in jail since 3.7.2019; (b) investigation
is over and chargesheet is filed; (c) learned
advocate for the applicant submits that the
FIR is given by the deceased herself on
1.11.2018 and the said FIR is registered
under Sections 498A, 323, 504 and 506(2) of
the Indian Penal Code wherein she has stated
that she has poured kerosene on herself,
thereafter, the history was recorded by the
doctor at 11.00 a.m. in the hospital wherein
also she has given the same story, however,
after a period of two hours, when the dying
declaration was recorded, she has changed her
story and after a period of ten days, she

Page 2 of 5

Downloaded on : Thu Feb 27 03:34:49 IST 2020
R/CR.MA/19/2020 ORDER

succumbed to the injuries and died on
10.11.2018; I have considered the submissions
canvassed by learned advocate for the
applicant and I have also perused the
material placed on record; looking to the
over all facts 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-51 of 2018 registered with Maliya
Hatina Police Station, Junagadh 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

Page 3 of 5

Downloaded on : Thu Feb 27 03:34:49 IST 2020
R/CR.MA/19/2020 ORDER

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
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.

Page 4 of 5

Downloaded on : Thu Feb 27 03:34:49 IST 2020
R/CR.MA/19/2020 ORDER

11. Rule is made absolute to the aforesaid

extent. Direct service is permitted.

(VIPUL M. PANCHOLI, J)
SRILATHA

Page 5 of 5

Downloaded on : Thu Feb 27 03:34:49 IST 2020

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation