R/CR.MA/10433/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 10433 of 2019

SURESHBHAI NANABHAI BAMANIYA
Versus
STATE OF GUJARAT

Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
MR RONAK RAVAL, APP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 22/08/2019

ORAL ORDER

1. Rule. Learned APP Mr.Ronak Raval waives service of
Rule on behalf of the respondent State.

2. The present application is filed under Section 439
of the Code of Criminal Procedure, 1973, for
regular bail in connection with FIR being I­
C.R.No.08 of 2019 registered with Kalavad Rural
Police Station, Jamnagar for offence under
Sections 306 and Section498A of the Indian Penal Code.

3. 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.

4. Learned APP appearing on behalf of the respondent­
State has opposed grant of regular bail looking to
the nature and gravity of the offence.

5. Learned Advocates appearing on behalf of the
respective parties do not press for further
reasoned order.

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R/CR.MA/10433/2019 ORDER

6. Having heard the learned advocates for the parties
and perusing the material placed on record and
taking into consideration the facts of the case,
nature of allegations, gravity of offences, role
attributed to the accused, without discussing the
evidence in detail, this Court is of the opinion
that this is a fit case to exercise the discretion
and enlarge the applicant on regular bail.

7. This Court has considered following aspects,

(a) Applicant is in jail since 15.03.2019;

(b) Investigation is concluded and chargesheet is
filed;

(c) Marriage span of the applicant with the
deceased was more than 15 years;

(d) I have considered the averments and
allegations levelled against the applicant in
the FIR as well as in the paper of
chargesheet;

In the facts and circumstances of the present
case, I am inclined to consider the case of the
applicant.

8. This Court has also taken into consideration the
law laid down by the Hon’ble Apex Court in the
case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in [2012] 1 SCC 40.

9. Hence, the present application is allowed. The
applicant is ordered to be released on regular
bail in connection with FIR being I­C.R.No.08 of
2019 registered with Kalavad Rural Police Station,
Jamnagar on executing a personal bond of
Rs.10,000/­ (Rupees Ten Thousand only) with one

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R/CR.MA/10433/2019 ORDER

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 injurious to the
interest of the prosecution;

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

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

[e] mark presence before the concerned Police
Station between 1st to 10th day of every
English calendar month 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.

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R/CR.MA/10433/2019 ORDER

11. At the trial, the Trial Court shall not be

influenced by the prima facie observations made by
this Court in the present order.

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J)

Pallavi

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