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Gujarat High Court · body

2017 DIGILAW 1900 (GUJ)

Vinodbhai Pitamberbhai Solanki v. State of Gujarat

2017-12-07

G.R.UDHWANI

body2017
ORDER : G.R. UDHWANI, J. 1. Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State. 2. This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with C.R. No. I-84 of 2017 registered with Viramgam Rural Police Station for the offence punishable under Sections 307, 326, 324, 504 of the Indian Penal Code. 3. Having considered the rival contentions and in absence of the antecedent as also in absence of the apprehension against the petitioner, the case for admitting the petitioner to bail is made out more particularly in the light of the statement of the learned counsel for the petitioner that the petitioner would execute an undertaking with the court concerned expressing his willingness to pay to the victim a sum of Rs. 10,000/- (Rupees Ten Thousand) without prejudice to his rights and contentions; however without claiming the same as set-off against fine if any, as may be imposed upon him by the court on conclusion of trial as compensation for the victim, the petitioner is required to be admitted to bail on his complying with the condition of deposit of the amount stated hereunder, within the specified time as prescribed hereunder; until termination of the proceedings against him. 4. The learned counsel further submitted that the petitioner would post the demand draft drawn in favour of the victim by registered post and would produce the evidence of having posted the same and having received the acknowledgment from the victim on the record of the court. 5. Hence, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. I-84 of 2017 registered with Viramgam Rural Police Station, initially for a period of 15 days and on compliance with the condition of the deposit of the prescribed amount, until the termination of the proceedings against him; 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) at the time of execution of bond, furnish the address to the Investigating Officer and the court concerned and shall intimate the change of address, if any, to the court and I.O. (g) the petitioner shall file an undertaking as recorded hereinabove and would actually pay Rs. 10,000/- (Rupees ten thousand) to the victim without prejudice to his rights and contentions; but without claiming the same as set-off against fine if any; imposed by the court on conclusion of trial, as compensation; he will produce the documents evidencing the payment of Rs. 10,000/- as indicated hereinabove.” 6. The competent authority will release the applicant only if he is not required in connection with any other offence for the time being. 7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 8. Bail bond to be executed before the lower court having jurisdiction to try the case. 9. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 10. 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. 11. Rule made absolute to the aforesaid extent. Direct service is permitted.