R/CR.MA/17233/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17233 of 2018
PRAKASHBHAI SURSINGHBHAI GANAWANI
Versus
STATE OF GUJARAT
Appearance:
DARSHIT R BRAHMBHATT(8011) for the PETITIONER(s) No. 1
A N KADRI(7990) for the RESPONDENT(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 : 09/10/2018
ORAL ORDER
1. Rule. Learned APP waives service of notice of
rule on behalf of respondentState.
2. 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.I52 of 2018 registered with Kheda Town
Police Station, Kheda for the offence punishable
under Sections 3306, 498A and 114 of Indian Penal
Code.
3. Learned advocate appearing on behalf of the
applicant submits that considering the nature of
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R/CR.MA/17233/2018 ORDER
offence, the applicant may be enlarged on regular
bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing on
behalf of the respondentState has opposed grant
of regular bail looking to the nature and gravity
of the offence.
5. I have heard learned advocates appearing on
behalf of the respective parties and perused the
papers of investigation and considered the
allegations levelled against the applicant and
the role played by the applicant and also
considered that after completion of the
investigation, chargesheet is filed and
complainant has also compromised the dispute,
this Court is inclined to use judicial discretion
for enlarging him on bail.
6. 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
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R/CR.MA/17233/2018 ORDER
applicant on regular bail. Hence, the present
application is allowed and the applicant is
ordered to be released on regular bail in
connection with an offence being C.R.No.I52 of
2018 registered with Kheda Town Police Station,
Kheda, 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
initial three months and thereafter, on
first Monday of every English calendar Month
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R/CR.MA/17233/2018 ORDER
for a further period of three months only,
between 10:00 a.m. and 2:00 p.m.;
[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
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R/CR.MA/17233/2018 ORDER
applicant on bail. Rule is made absolute to the
aforesaid extent.
Direct service is permitted.
(R.P.DHOLARIA, J)
SAURABH R. CHAUHAN
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