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Gujarat High Court · body

2016 DIGILAW 1856 (GUJ)

Punabhai Vallabhbhai Rijiya v. State of Gujarat

2016-09-01

P.P.BHATT

body2016
ORDER : P.P BHATT, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R No. I-78 of 2015 registered with Netrang Police Station, District: Bharuch for the offences under Section 302 of the Indian Penal Code. 2. Learned advocate for the applicant submits that the applicant is father of the deceased aged about 62 years and facing charge of offence punishable under Section 302 of the Indian Penal Code. According to learned advocate for the applicant, the alleged incident took place on account of quarrel between father and son and due to sudden provocation, the unfortunate incident has taken place. It is also submitted that as per the FIR, single blow of knife was given by the father to the deceased son. Learned advocate for the applicant further submitted that in view of the charge-sheet papers the offence under Section 302 cannot be made out against the applicant and therefore, looking to the gravity of the said offence the applicant may be ordered to be enlarged on bail by imposing appropriate condition as may be deemed fit and proper by this Court. It is further submitted that the charge-sheet has been submitted and therefore, now there is no possibility of tampering with the evidence and the applicant aged about 62 years and having responsibility towards his family mainly his wife especially in absence of deceased son there is no other male member of the family who can take care of wife of the present who is aged about around 60 years. Therefore, the applicant is in judicial custody since 21.12.2015 is ready and willing to abide by the terms and conditions that may be imposed by the Court, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed this application and submitted that looking to the charge-sheet papers there is a prima facie case against the present applicant for committing serious offence and looking to the nature and gravity of the offence, the applicant may not be enlarged on bail. 4. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 5. 4. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 5. Regard being had to the above submission and considering the nature of allegations made against the applicant in the FIR and other charge-sheet papers and also in view of the fact that the applicant aged about 62 years and having responsibility towards his family mainly his wife especially in absence of deceased son there is no other male member of the family who can take care of wife of the present who is aged about around 60 years, this Court is of the opinion that discretion is required to be exercised in favour of the applicant to enlarge him on regular bail as the charge-sheet has been submitted and therefore, now there is no possibility of tampering with the evidence. 6. 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. I-78 of 2015 registered with Netrang Police Station, District: Bharuchon executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant 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 State of Gujarat without prior permission of the Sessions Judge concerned; (e) mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m and 2:00 p.m; (f) furnish latest and permanent 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 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. 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 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 applicant on bail. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted.