SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Rakesh Manubhai Makwana vs State Of Gujarat on 12 April, 2018

R/CR.MA/6315/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 6315 of 2018

RAKESH MANUBHAI MAKWANA
Versus
STATE OF GUJARAT

Appearance:
MR AFTABHUSEN ANSARI(5320) for the PETITIONER(s) No. 1
MR RAKESH PATEL, APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 12/04/2018

ORAL ORDER

1. The present application is filed under Section 439 of the

Code of Criminal Procedure, 1973, for regular bail in

connection with I – C.R. No. 146 of 2017 registered with the

Bavla Police Station, Ahmedabad, for the offences punishable

under Sections 302, 506(2) 498A of the Indian Penal Code

and under Section 135 of G.P. Act.

2. The learned advocate appearing on behalf of the

applicant submits that considering the nature of the offence,

the applicant may be enlarged on regular bail by imposing

suitable conditions.

3. The learned APP appearing on behalf of the respondent-

Page 1 of 5

R/CR.MA/6315/2018 ORDER

State has opposed grant of regular bail looking to the nature

and gravity of the offence.

4. The learned advocates appearing on behalf of the

respective parties do not press for further reasoned order.

5. I have heard the learned advocates appearing on behalf

of the respective parties and perused the papers of the

investigation and considered the allegations levelled against

the applicant and the role played by the applicant.

6. The following aspects are taken into consideration:

I The investigation is over. Charge-sheet has been

filed.

II The incident occurred all of a sudden.

III The applicant – husband is alleged to have hit a

blow on the head of his wife i.e. the deceased with

a log of wood.

IV After the incident, the deceased went to the

hospital and she survived for five days.

V The cause of death assigned in the Post Mortem

report is cardiorespiratory failure on account of

injury in the spinal cord.

Page 2 of 5

R/CR.MA/6315/2018 ORDER

7. This Court has also 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.

8. In the facts and circumstances of the case and

considering the nature of the 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 applicant on regular

bail.

9. Hence, the present application is allowed and the

applicant is ordered to be released on regular bail in

connection with I – C.R. No. 146 of 2017 registered with the

Bavla Police Station, Ahmedabad, 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 injuries to the interest of the
prosecution;

[c] surrender passport, if any, to the lower court within

Page 3 of 5
R/CR.MA/6315/2018 ORDER

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
once in a fortnight on Monday 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;

10. 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.

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.

11. At the trial, the trial Court shall not be influenced by the

Page 4 of 5
R/CR.MA/6315/2018 ORDER

observations of preliminary nature qua the evidence at this

stage made by this Court while enlarging the applicant on bail.

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

permitted.

(J.B.PARDIWALA, J)
MAYA

Page 5 of 5

Leave a Reply

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

Copyright © 2021 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