Manishbhai Hansrajbhai Padaliya v. State of Gujarat
2016-01-13
A.J.DESAI
body2016
DigiLaw.ai
ORDER : A.J. Desai, J. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R registered at C.R. No. I-128 of 2015 with Malaviya Nagar Police Station, District Rajkot, for the offences punishable under Sections 302, 120-B and 201 of Indian Penal Code, Section 135(1) of the Gujarat Police Act and Sections 25(1) BA and 27(3) of the Arms Act. 2. Learned Senior Advocate appearing for the applicant submits that, considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. The learned APP as well as Mr. Shakeel Qureshi, learned advocate appearing for the complainant oppose grant of bail looking to the nature and gravity of offences. 4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 5. I have heard learned advocates appearing for the parties and perused the papers of investigation. It is the case of circumstantial evidence and the only allegation against the present applicant is that he has helped the accused who had a motive to commit murder of the deceased who was allegedly in relationship with the wife of the principal accused. I have also considered the fact that except extra judicial confession made by the applicant before two witnesses that he had helped the principal accused, there is no other direct evidence against the present applicant. I have also considered the fact that the principal accused has committed suicide after five days of the date of offence. Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I-128 of 2015 with Malaviya Nagar Police Station, District Rajkot, on executing a bond of Rs.
Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I-128 of 2015 with Malaviya Nagar Police Station, District Rajkot, 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 injuries 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 at the concerned Police Station on every Monday of each English Calendar month for a period of three months and thereafter on any day of the first week of every English calendar month till the trial is over between 11.00 a.m. and 2.00 p.m.; [f] furnish the present address of residence to the I.O 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; 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 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, 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 applicant on bail. 7. Rule made absolute to the aforesaid extent. Direct service is permitted.