SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

(Lalpara) Parmar Kirankumar … vs State Of Gujarat on 2 July, 2018

R/CR.MA/9116/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 9116 of 2018

(LALPARA) PARMAR KIRANKUMAR BABUBHAI
Versus
STATE OF GUJARAT

Appearance:
MR TEJAS P SATTA(3149) for the PETITIONER(s) No. 1
MR. L.B. DABHI, ADDITIONAL PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA

Date : 02/07/2018

ORAL ORDER

1. This bail application is filed under Section

439 of the Code of Criminal Procedure for

regular bail in connection with an offence

being C.R.No.I- 11 of 2018 registered with

Vadgam Police Station, Banaskantha for the

offence punishable under Sections 306, 498A

and 114 of Indian Penal Code.

2. 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.

Page 1 of 5

R/CR.MA/9116/2018 ORDER

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. I have heard learned advocates appearing on

behalf of the respective parties and perused

the papers of investigation and after due

investigation, chargetseeht came to be filed

and considered the allegations levelled

against the applicant in the FIR are general

in nature, the proximate cause is not

revealing, this Court is inclined to use

judicial discretion for enlarging him on bail.

5. In the facts and circumstances of the case and

considering the nature of allegations made

against the applicant in the FIR, 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. Hence,

the present application is allowed and the

Page 2 of 5
R/CR.MA/9116/2018 ORDER

applicant is ordered to be released on regular

bail in connection with an offence being

C.R.No.I- 11 of 2018 registered with Vadgam

Police Station, Banaskantha, on executing a

personal bond of Rs.15,000/- (Rupees Fifteen

thousand only) with one surety of the like

amount to the satisfaction of the learned

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 injuries 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 Sessions Judge concerned;

[e] mark presence before the concerned Police

Station on every alternate Monday for a

period of six months, between 10:00 a.m.

and 2:00 p.m.;

Page 3 of 5

R/CR.MA/9116/2018 ORDER

[f] furnish latest 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;

7. The concerned authority shall 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 learned 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, learned 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

Page 4 of 5
R/CR.MA/9116/2018 ORDER

bail. Rule is made absolute to the aforesaid

extent.

8. Direct service is permitted.

(R.P.DHOLARIA, J)
SAURABH R. CHAUHAN

Page 5 of 5

Leave a Reply

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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

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