R/CR.MA/20844/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20844 of 2017
[On note for speaking to minutes of order dated 04/09/2017 in
R/CR.MA/20844/2017 ]
SURESH JIVABHAI MANDRA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
J K GANDHI, ADVOCATE for the Applicant(s) No. 1
MR H A SHAH, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 07/09/2017
ORAL ORDER
In the order dated 04.09.2017 passed in Criminal Misc.
Application No.20844 of 2017, wherever the words “C.R.No.I101 of
2017” appears, it shall be read as “C.R.No.I34 of 2017”.
Accordingly, Speaking to Minutes is disposed of. Direct service is
permitted.
(G.R.UDHWANI, J.)
siddharth
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R/CR.MA/20844/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20844 of 2017
SURESH JIVABHAI MANDRA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
J K GANDHI, ADVOCATE for the Applicant(s) No. 1
MR H A SHAH, ADVOCATE for the Applicant(s) No. 1
MR LR POOJARI ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 04/09/2017
ORAL ORDER
1. Heard learned advocate for the applicant and learned APP for the
respondentState.
2. This application is filed seeking bail under Section 439 of the
Code of Criminal Procedure, 1973 in respect of the offences punishable
under Sections 366 and 376 of the Indian Penal Code for which FIR
came to be registered at C.R. No.I 34 of 2017 with Vasai Police
Station.
3. The learned counsel for the petitioner has invited attention of this
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Court to the affidavit filed by the investigator before the trial Court
wherein the statement of the prosecutrix as recorded by him under
Section 161 of the Code of Criminal Procedure has been referred to
and submitted that from her statement it is evident that the prosecutrix
was aged about 20 years and it was within her knowledge that the
petitioner was married and that the petitioner has stated that he had
taken divorce from his previous wife. Learned counsel therefore pointed
out from such statement of the prosecutrix that with full knowledge and
preparation the prosecutrix eloped with the petitioner after securing her
birth certificate from Visnagar Seva Sadan. He also invited attention of
this Court that the prosecutrix had gone to Gandhidham Court and had
contacted the advocate for the purpose of execution of ‘livein
relationship’ document, after production of her birth certificate and the
divorce deed of the applicant. It was submitted that such document is
executed and thus no case for offence under Section 376 of the Indian
Penal Code is made out.
4. Learned APP while opposing the bail application would contend
that after suppression of material fact about the age of the petitioner
and the factum of his marriage, the accused developed the relationship
with the prosecutrix with false promise of marriage and thus physical
relationship were established with the applicant; making out serious
offence under Section 376 of the Indian Penal Code after kidnapping
her.
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5. Having considered the rival contentions without entering into the
detailed reasoning as the parties do not invite the same, this Court is
inclined to admit the petitioner to bail.
6. Hence, this application is allowed and applicant is ordered to be
released on bail in connection with CR No. I101 of 2017 registered with
Vasai Police Station 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 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 his passport, if any, to the lower court within a
week;
(d) not leave the territory of India without prior permission of the
Sessions Judge concerned;
(e) mark presence in the concerned police station once in a
calendar month.
(f) furnish the present address of residence along with the proof
to the Investigating Officer concerned and also to the trial
court at the time of execution of the bond and shall indicate
change of residential address if any to the trial court.
7. The competent authority will release the applicants only if he is
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not required in connection with any other offence for the time being.
7.1 If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to take appropriate action in the
matter.
7.2 Bail bond to be executed before the lower court having
jurisdiction to try the case.
7.3 It will be open for the concerned Court to delete, modify and/or
relax any of the above conditions in accordance with law.
7.4 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 bail.
8. Rule made absolute to the aforesaid extent. Direct service is
permitted.
(G.R.UDHWANI, J.)
niru*
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