R/CR.MA/5610/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5610 of 2019
MAHENDRABHAI DIPABHAI RATHOD
Versus
STATE OF GUJARAT
Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1,2
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2
MR JK SHAH, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 26/03/2019
ORAL ORDER
1. Learned advocate for the applicant does not
press this application for the applicant No.1
as the chargesheet is not filed.
Accordingly, the application is disposed of
as not pressed qua applicant No.1. However,
liberty is reserved to file fresh application
after filing of the chargesheet.
2. Rule. Learned APP waives service of Rule on
behalf of the respondent State.
3. So far as applicant No.2 is concerned, 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.I19 of 2019 registered with Dakor
Police Station, District Kheda for offence
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under Sections 306, 498A, 323 and 114 of the
Indian Penal Code.
4. Learned Advocate appearing on behalf of the
applicant submits that considering the nature
of the offence, the applicant No.2 may be
enlarged on regular bail by imposing suitable
conditions.
5. Learned APP appearing on behalf of the
respondentState 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 further
reasoned order.
7. 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 No.2 on regular
bail.
8. This Court has also considered the following
aspects:
The applicant No.2 is the fatherinlaw of
the deceased.
Marriage span of the deceased with accused
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No.1 was of more than 10 years.
Looking to the allegations levelled against
the present applicant No.2 who is fatherin
law of the deceased, I am inclined to
exercise the discretion in his favour.
9. 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.
10. Hence, the present application is partly
allowed. The applicant No.2 viz. Dipabhai
Ramabhai Rathod is ordered to be released on
regular bail in connection with FIR being
C.R.No.I19 of 2019 registered with Dakor
Police Station, District Kheda 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 the State of Gujarat without
prior permission of the Sessions
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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
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;
11. The authorities will release the applicant
No.2 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.
12. At the trial, the Trial Court shall not be
influenced by the prima facie observations
made by this Court in the present order.
13. Rule is made absolute to the aforesaid
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extent. Direct service is permitted.
(VIPUL M. PANCHOLI, J)
Jani
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