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Parbatbhai Parshotambhai Shiyal vs State Of Gujarat on 20 July, 2021

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R/CR.MA/10823/2021 ORDER DATED: 20/07/2021




MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1


Date : 20/07/2021


1. Heard learned advocate, for the applicant and learned
APP, for the respondent-State through V.C.

2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
registered at C.R.No.11190003210117 of 2021 with Dhasa
Police Station, Botad for the offences punishable under
Sections 306, 498A and 114 of IPC.

3. Heard and examined the papers placed for consideration
in support of the submission made at bar.

4. Upon hearing submission, following picture emerges on
record :-

(i) Charge sheet is filed.
(ii) The offence alleged against the applicant is under

section 306 of IPC which provides punishment upto 10
years and therefore, there is no likelihood of escape of
trial out of fear of conviction.

(iii) Accused no.2 and 3 against whom same set of

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R/CR.MA/10823/2021 ORDER DATED: 20/07/2021

allegations are levelled are enlarged on regular bail. It
appears that quarrel took place between the applicant
and deceased on account of applicant’s extra marital

(iv) The analysis and scrutiny of police papers, as it is,
does not disclose with unqualified clarity to come to
conclusive finding at threshold the applicant’s
unassailable finding of culpability under
Section 306 of
the IPC. The materials on record do not indicate, prima
facie, any act of cruelty or harassment, mental or
physical, so as to persistently/continuously provoke the
deceased to take extreme step with no other option. No
such persistent or consistent applicant’s conduct, which
requires culpability, is found in the police papers, more
particularly, from the statement of the near and dear to
the deceased. No doubt, the deceased died due to
unnatural death and she was not happy. To attract
section 306, there has to be clear mens rea to commit an
offence and active and direct role leading the deceased
to commit suicide. The averments made in the FIR are
very general in its nature allegedly involved entire family
and attributes same and identical role to all the persons

(v) The applicant has deep root in the society, no
apprehension as to flee away or escape trial or tempering
with the evidence /witnesses is expressed.

(vi) In view of above position emerging at the end of
hearing, the application deserves consideration, but by
imposing suitable condition to be observed by the
applicant, pending investigation and trial.

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R/CR.MA/10823/2021 ORDER DATED: 20/07/2021

5. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with F.I.R.
registered at C.R.No.11190003210117 of 2021 with Dhasa
Police Station, Botad on executing a 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 the applicant shall;

[a] not take undue advantage of liberty or misuse

[b] not act in a manner injurious to the interest of
the prosecution;

[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer
concerned, as and when required for
investigation purpose and attend the Court
concerned regularly.

[e] furnish the present address of residence along
with the proof to the I.O. concerned and also
to the Court at the time of execution of the
bond and shall not change the residence
without prior permission of Sessions Court

6. The competent authority will release the applicant only if
the applicant 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 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

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R/CR.MA/10823/2021 ORDER DATED: 20/07/2021

observations of preliminary nature, qua the evidence at this
stage, made by this Court while enlarging the applicants on

7. Rule made absolute to the aforesaid extent. Direct
service is permitted.


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