R/CR.MA/15456/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15456 of 2018
DHAWALKUMAR JAYANTIBHAI PANDYA
Versus
STATE OF GUJARAT
Appearance:
MR. ALAK A PANDYA(7164) for the PETITIONER(s) No. 1
MR MITESH AMIN, ADDL PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 23/08/2018
ORAL ORDER
1. Rule. Mr. Mitesh Amin, learned Public Prosecutor waives service
of notice of Rule on behalf of respondentState.
2. Heard Mr. A. A. Pandya, learned advocate, for the applicant and
Mr. Mitesh Amin, learned Public Prosecutor, for the respondent
State.
3. This application is filed under Section 439 of the Code of Criminal
Procedure for regular bail in connection with F.I.R. registered as
C.R. No. I 95 of 2018 with Chandkheda Police Station,
District : Ahmedabad, for the offences punishable under
Sections 306, 498A, 323, 403 and 114 of the Indian Penal
Code.
4. Learned advocate for the applicant submits that considering the
nature of offence, the applicant may be enlarged on regular bail
by imposing suitable conditions.
Page 1 of 3
R/CR.MA/15456/2018 ORDER
5. The learned APP opposes the grant of bail looking to the nature
and gravity of offences.
6. Learned advocates appearing on behalf of the respective parties
do not press for further reasoned order.
7. I have heard learned advocates appearing for the parties and
perused the papers of investigation. This Court has considered the
fact that application is filed after conclusion of investigation and
after filing of charge sheet and that allegations which are made in
the complaint are general in nature and not suggesting any
incident, for which, deceased has committed suicide. Moreover,
before about 8 days of the incident, deceased has visited her
parental home and at that time she has communicated with her
husband i.e. present applicant. Such communication suggest
normal relation between husband and wife.
8. In the facts and circumstances of the case and considering the
nature of allegations made in the FIR and without discussing the
evidence in details as well as without going into details, prima
facie, this Court is of the opinion that this is a fit case to exercise
the discretion to enlarge the applicant on bail. Hence, the
application is allowed and the applicant is ordered to be released
on bail in connection with C.R. No. I 95 of 2018 with
Chandkheda Police Station, District : Ahmedabad, on executing
a bond of Rs.15,000/(Rupees Fifteen 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;
Page 2 of 3
R/CR.MA/15456/2018 ORDER
[b] not act in a manner injuries to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the India without prior permission of the Sessions
Judge concerned;
[e] mark presence at the concerned police station on every
Monday for a period of three months and thereafter on any
day of each English Calender Month for a period of one
year;
[f] furnish the present address of residence to the I.O. 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;
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. 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.
10. Rule made absolute to the aforesaid extent. Direct service is
permitted.
(R.P.DHOLARIA, J)
DRASHTI K. SHUKLA
Page 3 of 3
