SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Satyam Maganbhai Vasoya 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/9700/2021 ORDER DATED: 14/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 9700 of 2021

SATYAM MAGANBHAI VASOYA
Versus
STATE OF GUJARAT

Appearance:
MR PV PATADIYA(5924) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE S.H.VORA

Date : 14/07/2021

ORAL ORDER

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 Part A-C.R.No.11210022210966 of 2021 with
Kapodra Police Station, Surat City for the offences punishable
under
Sections 306, 304(B),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 and alleged offence under
section 306 of IPC provides punishment upto 10 years.

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

(iii) 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

Page 1 of 3

Downloaded on : Fri Jul 16 09:21:12 IST 2021
R/CR.MA/9700/2021 ORDER DATED: 14/07/2021

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
charged.

(iv) 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.

(v) 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 Part A-C.R.No.11210022210966 of 2021 with
Kapodra Police Station, Surat City 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;

Page 2 of 3

Downloaded on : Fri Jul 16 09:21:12 IST 2021

R/CR.MA/9700/2021 ORDER DATED: 14/07/2021

[a] not take undue advantage of liberty or misuse
liberty;

[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
concerned;

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

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

(S.H.VORA, J)
SATISH

Page 3 of 3

Downloaded on : Fri Jul 16 09:21:12 IST 2021

Leave a Reply

Your email address will not be published.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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

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