Sanjay Rameshbhai Solanki (Devipujak) v. State of Gujarat
2016-09-01
P.P.BHATT
body2016
DigiLaw.ai
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. 27 of 2016 registered with Jetpur Taluka Police Station, District: Rajkot for the offences under Sections 306, 498-A and 323 of the Indian Penal Code. 2. Learned advocate for the applicant submits that the present applicant is facing allegation of offences punishable under Sections 306, 498-A and 323 of the Indian Penal Code. It is submitted that the span of the matrimonial life between applicant and deceased lady is more than 10 years. It is also submitted that the allegations made in the FIR are of general nature and in the named allegations against the present applicant is that he was not earning anything and he was having habit of taking liquor every day. It is further submitted that the applicant is having three minor children aged about 3, 5 and 10 years respectively and at present all the three minor children are in the custody of father of the applicant. It is further submitted that father of the applicant is aged about 60 years except that there is no other responsible male member in the family who can look after the welfare of the minor children and therefore, on humanitarian ground the present applicant have been enlarged on bail so that he can look after three minor children. Moreover, it is also submitted that investigation is over and charge-sheet has been submitted and therefore, now there is no possibility of tampering with the evidence and the applicant 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 span of the matrimonial life between applicant and deceased lady is more than 10 years and the applicant is having responsibility of three minor children aged about 3, 5 and 10 years respectively, 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 investigation is over and 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. 27 of 2016 registered with Jetpur Taluka Police Station, District: Rajkot 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 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.