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Gujarat High Court · body

2017 DIGILAW 1541 (GUJ)

Sanjaykumar Somabhai Valand v. State of Gujarat

2017-09-04

G.R.UDHWANI

body2017
ORDER : G.R UDHWANI, J. 1. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 498-A, 306 and 114 of the Indian Penal Code for which FIR came to be registered at C.R No. I-59 of 2017 with Amraiwadi Police Station, Ahmedabad. 2. Learned counsel for the petitioner has drawn attention of this Court to the manner of occurrence of the incident and submitted that the deceased-wife of the petitioner allegedly committed suicide at her parental house after the petitioner left her there. It was submitted that no circumstances as indicated in Section 306 r/w 107 as also 498-A of IPC emerge on record of the case. Bail is therefore urged. 3. Learned APP opposed the bail application with submission that a serious offence under Section 306 r/w Section 498-A of IPC has been committed by the petitioner and that the marital ties lasted only for a year, and therefore, the relevant legal presumption would come into operation and it is for the petitioner to discharge the burden as to committal of suicide by the deceased. 4. Having considered the rival contentions and without assigning the detailed reasons as the parties do not pray for the same, the case for admitting the petitioner [to bail is made out. Hence, this application is allowed and the petitioner is ordered to be admitted to bail in connection with I-CR No. 59 of 2017 registered with Amraiwadi Police Station, Ahmedabad, 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. 5. (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. 5. The competent authority will release the petitioner only if he is not required in connection with any other offence for the time being. 6. 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. Bail bond to be executed before the lower court having jurisdiction to try the case. 8. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 9. 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. 10. Rule made absolute to the aforesaid extent. Direct service is permitted.