SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Patel Jayantibhai Maganbhai vs State Of Gujarat on 14 July, 2021

Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.

R/CR.MA/10450/2021 ORDER DATED: 14/07/2021




MR TANMAY B KARIA(6833) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1


Date : 14/07/2021


1. Heard learned advocate, for the applicant and learned
APP, for the respondent-State through V.C. Learned advocate
Mr. Harshad Panchal is permitted to appear for complainant
and assist learned APP. Mr. Harshad Panchal has filed written
objection, which is ordered to be taken on record.

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.11206045210557 of 2021 with Mahesana
City “B” Division Police Station, Mehsana 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) Substantial investigation is over.

(ii) Alleged offence under section 306 of IPC provides
punishment upto 10 years.

Page 1 of 4

Downloaded on : Fri Jul 16 08:19:20 IST 2021

R/CR.MA/10450/2021 ORDER DATED: 14/07/2021

(iii) No past antecedent is registered qua the applicant.

(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.

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.11206045210557 of 2021 with Mahesana

Page 2 of 4

Downloaded on : Fri Jul 16 08:19:20 IST 2021
R/CR.MA/10450/2021 ORDER DATED: 14/07/2021

City “B” Division Police Station, Mehsana 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 applicants only
if the applicants are 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
observations of preliminary nature, qua the evidence at this
stage, made by this Court while enlarging the applicants on

Page 3 of 4

Downloaded on : Fri Jul 16 08:19:20 IST 2021

R/CR.MA/10450/2021 ORDER DATED: 14/07/2021

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


Page 4 of 4

Downloaded on : Fri Jul 16 08:19:20 IST 2021

Leave a Reply

Your email address will not be published.

Copyright © 2022 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