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Gujarat High Court · body

2016 DIGILAW 2153 (GUJ)

Madansinh Ramsinh Solanki v. State of Gujarat

2016-11-03

A.Y.KOGJE

body2016
ORDER : A.Y. Kogje, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with an FIR being C.R.No.I-58 of 2016 registered with Shahera Police Station, District: Panchmahal for the offences punishable under Sections 506(2), 504, 307, 452, 427, 323, 143, 147, 148, 149, 472, 473, 474, 475, 476 and Section 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act. 2. Learned advocate for the applicant submits that looking to the role attributed to the applicant in the First Information Report and other police papers as also considering the fact that the injured persons are discharged from the hospital and are out of danger and that the applicant is not having any criminal antecedents, they may be enlarged on bail by imposing suitable conditions as may be deemed fit and proper by this Court. Learned advocate for the applicant submits that the complainant's house and household property was damaged by the applicant and in that view of the matter, the applicant is ready and willing to deposit a sum of Rs. 5,000/- without prejudice to his rights and contentions in order to compensate the complainant adequately. Learned Advocate for the applicant also submitted that the applicant is suffering from T.B Learned advocate for the applicant therefore prays that the applicant may be released on regular bail with suitable conditions. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. He further submitted that there is a prima facie case against the applicant, and therefore, looking to the gravity of the offence, the applicant may not be enlarged on bail. It is also submitted that after the alleged incident, police force was deployed at the place of incident so that peaceful marriage ceremony can take place, which was scheduled on the next day. 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 submissions and looking to the nature and gravity of accusations made against the applicants in the First Information Report and other police papers, this Court is of the view that discretion is required to be exercised to enlarge the applicant on regular bail imposing suitable conditions. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with the offence being C.R.No.I-58 of 2016 registered with Shahera Police Station, District: Panchmahal 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 applicants 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 passports, if any, to the lower court within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; and shall not enter into the area of Shahera taluka for four months, except for the purpose of marking their presence and for attending the court proceedings; [e] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months, and thereafter, every 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; [g] deposit an amount of Rs. 5,000/-, which shall be disbursed in favour of the complainant after proper verification by account payee cheque. 6. 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. 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 applicants on bail. 7. Rule is made absolute to the aforesaid extent. Direct service is permitted.