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Daud Ismail Patel vs State Of Gujarat on 11 December, 2019

R/CR.MA/22946/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 22946 of 2019

DAUD ISMAIL PATEL
Versus
STATE OF GUJARAT

Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR MITESH AMIN, PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 11/12/2019

ORAL ORDER

1. The Affidavit filed on behalf of the original complainant is ordered

to be taken on record.

2. RULE. Learned Public Prosecutor waives service of rule on behalf

of the respondent-State.

3. This application is filed by the applicant under Section 439 of the

Code of Criminal Procedure, 1973 for regular bail in connection

with FIR registered as C.R. No.II-16/2010 with Bharuch Taluka

Police Station, Bharuch for the offence punishable under

Sections 498A, Section323 and Section114 of the Indian Penal Code and under

Sections 3 and Section7 of the Prohibition of Dowry Act.

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R/CR.MA/22946/2019 ORDER

4. Learned Advocate appearing on behalf of the applicant submits

that considering the nature of offence, the applicant may be

enlarged on regular bail by imposing suitable conditions.

5. On the other hand, the learned Public Prosecutor appearing for the

respondent-State has opposed grant of regular bail looking to the

nature and gravity of the offence.

6. Learned Advocates appearing on behalf of the respective parties do

not press for a further reasoned order.

7. I have heard the learned advocates appearing on behalf of the

respective parties and perused the papers. Following aspects are

considered :-

I) The First Information Report is registered on 12.02.2010 for the

offence which is alleged to have taken place on 12.02.2010;

II) The applicant is in custody since 25.11.2019;

III) The investigation has concluded and the chargesheet is filed;

IV) The offence is of a domestic violence where the applicant is the

father-in-law aged 74 years;

V) Considering the fact that initially a Summary Report was filed

which came to be later on rejected and thereafter, in the

proceedings for quashing where the applicant was protected by an

order dated 01.05.2017 in Special Criminal Application (Quashing)

No.3017/2017, this Court also observed about referring the parties

with the consent of both to mediation and the mediation was

reported to be unsuccessful and;

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R/CR.MA/22946/2019 ORDER

VI) Learned Public Prosecutor under the instructions of the

Investigating Officer is unable to bring on record any special

circumstances against the applicant.

8. In the facts and circumstances of the case and considering the

nature of the allegations made against the applicant in the First

Information Report, 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.

9. Hence, the present application is allowed. The applicant is ordered

to be released on regular bail in connection with C.R. No.II-

16/2010 with Bharuch Taluka Police Station, Bharuch 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

and shall not obstruct or hamper the police investigation and shall

not play mischief with the evidence collected or yet to be collected

by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the

Trial Court concerned;

(e) mark presence before the concerned Police Station once in a

month for a period of six months between 11.00 a.m. 2.00 p.m.;

(f) furnish the present address of his residence to the Investigating

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R/CR.MA/22946/2019 ORDER

Officer and also to the Court at the time of execution of the bond

and shall not change the residence without prior permission of

Trial Court;

10.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.

11.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.

12.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.

13.The application is allowed in the aforesaid terms. Rule is made

absolute to the aforesaid extent.

Direct Service is permitted today.

Sd/-

(A.Y. KOGJE, J)
CAROLINE

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