SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Mukeshbhai Arvindbhai Raval vs State Of Gujarat on 12 December, 2018

R/CR.MA/20554/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 20554 of 2018

MUKESHBHAI ARVINDBHAI RAVAL
Versus
STATE OF GUJARAT

Appearance:
DHRUVIK K PATEL(7769) for the PETITIONER(s) No. 1
MANDEEP SINGH SALUJA(8791) for the PETITIONER(s) No. 1
MR RITURAJ M MEENA(3224) for the PETITIONER(s) No. 1
MR JK SHAH, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 12/12/2018

ORAL ORDER

1. 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.I-39 of 2018

registered with Bhadarva Police Station, Vadodara Rural

for the offence punishable under Sections 498A, 306 and 114

of the Indian Penal Code and under Sections 3 and 7 of

Dowry Prohibition Act.

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.

3. On the other hand, the learned Additional Public Prosecutor

Page 1 of 4
R/CR.MA/20554/2018 ORDER

appearing for the respondent-State has opposed grant of

regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective

parties do not press for a further reasoned order.

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

the respective parties and perused the papers. Following

aspects are considered :-

I) The applicant is in custody since 05.10.2018;

II) The investigation is concluded and chargesheet is filed;

III) the marriage period is of 9 years and the applicant has

responsibility of two minor children;

IV) Learned Additional Public Prosecutor under the

instructions of the Investigating Officer is unable to bring on

record any special circumstances against the applicant.

This Court has taken into consideration the law laid down by

the Hon’ble Apex Court in the case of Sanjay Chandra v.

Central Bureau of Investigation reported in [2012] 1 SCC

40.

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

the nature of the allegations made against the applicant in

Page 2 of 4
R/CR.MA/20554/2018 ORDER

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.

7. Hence, the present application is allowed. The applicant is

ordered to be released on regular bail in connection with

C.R. No.I-39 of 2018 registered with Bhadarva Police

Station, Vadodara Rural 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 Judge concerned;

(e) mark presence before the concerned Police Station on

alternate Monday 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 his residence to the

Investigating Officer and also to the Court at the time of

Page 3 of 4
R/CR.MA/20554/2018 ORDER

execution of the bond and shall not change the residence

without prior permission of this Court;

8. 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.

9. 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 observations of preliminary nature qua the evidence at

this stage made by this Court while enlarging the applicant

on bail.

11. The application is allowed in the aforesaid terms. Rule

is made absolute to the aforesaid extent. Direct Service is

permitted.

(A.Y. KOGJE, J)
URIL

Page 4 of 4

Leave a Reply

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

Mukeshbhai Arvindbhai Raval vs State Of Gujarat on 12 December, 2018

R/CR.MA/20554/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 20554 of 2018

MUKESHBHAI ARVINDBHAI RAVAL
Versus
STATE OF GUJARAT

Appearance:
DHRUVIK K PATEL(7769) for the PETITIONER(s) No. 1
MANDEEP SINGH SALUJA(8791) for the PETITIONER(s) No. 1
MR RITURAJ M MEENA(3224) for the PETITIONER(s) No. 1
MR JK SHAH, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 12/12/2018

ORAL ORDER

1. 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.I-39 of 2018

registered with Bhadarva Police Station, Vadodara Rural

for the offence punishable under Sections 498A, 306 and 114

of the Indian Penal Code and under Sections 3 and 7 of

Dowry Prohibition Act.

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.

3. On the other hand, the learned Additional Public Prosecutor

Page 1 of 4
R/CR.MA/20554/2018 ORDER

appearing for the respondent-State has opposed grant of

regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective

parties do not press for a further reasoned order.

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

the respective parties and perused the papers. Following

aspects are considered :-

I) The applicant is in custody since 05.10.2018;

II) The investigation is concluded and chargesheet is filed;

III) the marriage period is of 9 years and the applicant has

responsibility of two minor children;

IV) Learned Additional Public Prosecutor under the

instructions of the Investigating Officer is unable to bring on

record any special circumstances against the applicant.

This Court has taken into consideration the law laid down by

the Hon’ble Apex Court in the case of Sanjay Chandra v.

Central Bureau of Investigation reported in [2012] 1 SCC

40.

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

the nature of the allegations made against the applicant in

Page 2 of 4
R/CR.MA/20554/2018 ORDER

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.

7. Hence, the present application is allowed. The applicant is

ordered to be released on regular bail in connection with

C.R. No.I-39 of 2018 registered with Bhadarva Police

Station, Vadodara Rural 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 Judge concerned;

(e) mark presence before the concerned Police Station on

alternate Monday 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 his residence to the

Investigating Officer and also to the Court at the time of

Page 3 of 4
R/CR.MA/20554/2018 ORDER

execution of the bond and shall not change the residence

without prior permission of this Court;

8. 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.

9. 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 observations of preliminary nature qua the evidence at

this stage made by this Court while enlarging the applicant

on bail.

11. The application is allowed in the aforesaid terms. Rule

is made absolute to the aforesaid extent. Direct Service is

permitted.

(A.Y. KOGJE, J)
URIL

Page 4 of 4

Leave a Reply

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

Mukeshbhai Arvindbhai Raval vs State Of Gujarat on 12 December, 2018

R/CR.MA/20554/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 20554 of 2018

MUKESHBHAI ARVINDBHAI RAVAL
Versus
STATE OF GUJARAT

Appearance:
DHRUVIK K PATEL(7769) for the PETITIONER(s) No. 1
MANDEEP SINGH SALUJA(8791) for the PETITIONER(s) No. 1
MR RITURAJ M MEENA(3224) for the PETITIONER(s) No. 1
MR JK SHAH, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 12/12/2018

ORAL ORDER

1. 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.I-39 of 2018

registered with Bhadarva Police Station, Vadodara Rural

for the offence punishable under Sections 498A, 306 and 114

of the Indian Penal Code and under Sections 3 and 7 of

Dowry Prohibition Act.

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.

3. On the other hand, the learned Additional Public Prosecutor

Page 1 of 4
R/CR.MA/20554/2018 ORDER

appearing for the respondent-State has opposed grant of

regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective

parties do not press for a further reasoned order.

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

the respective parties and perused the papers. Following

aspects are considered :-

I) The applicant is in custody since 05.10.2018;

II) The investigation is concluded and chargesheet is filed;

III) the marriage period is of 9 years and the applicant has

responsibility of two minor children;

IV) Learned Additional Public Prosecutor under the

instructions of the Investigating Officer is unable to bring on

record any special circumstances against the applicant.

This Court has taken into consideration the law laid down by

the Hon’ble Apex Court in the case of Sanjay Chandra v.

Central Bureau of Investigation reported in [2012] 1 SCC

40.

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

the nature of the allegations made against the applicant in

Page 2 of 4
R/CR.MA/20554/2018 ORDER

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.

7. Hence, the present application is allowed. The applicant is

ordered to be released on regular bail in connection with

C.R. No.I-39 of 2018 registered with Bhadarva Police

Station, Vadodara Rural 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 Judge concerned;

(e) mark presence before the concerned Police Station on

alternate Monday 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 his residence to the

Investigating Officer and also to the Court at the time of

Page 3 of 4
R/CR.MA/20554/2018 ORDER

execution of the bond and shall not change the residence

without prior permission of this Court;

8. 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.

9. 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 observations of preliminary nature qua the evidence at

this stage made by this Court while enlarging the applicant

on bail.

11. The application is allowed in the aforesaid terms. Rule

is made absolute to the aforesaid extent. Direct Service is

permitted.

(A.Y. KOGJE, J)
URIL

Page 4 of 4

Leave a Reply

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

Copyright © 2019 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…

Web Design BangladeshWeb Design BangladeshMymensingh