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2022 DIGILAW 1807 (GUJ)

Pravin Devrajbhai Bhalani v. State of Gujarat

2022-12-16

NIRZAR S.DESAI

body2022
ORDER : 1. Heard learned advocate Mr. Jal Unwalla, learned Senior Advocate with Mr. Acharya, learned advocate for the applicant and learned Additional Public Prosecutor Mr. Mehta for the respondent – State. 2. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the FIR registered at C.R.No.11993002220128 of 2022 with Adipur Police Station for the offences punishable under Sections 306, 498A, 304B and 114 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act. 3. Mr. Unwalla, learned Senior Advocate at the outset states that considering the fact that the present applicant has 4 year old girl, who is suffering from a rare disease of Wry Neck and requires utmost care and medical attention of expert doctors. He further submitted that after the unfortunate incident, virtually there is no one to take care of the child. The mother of the present applicant is old aged and she is completely bed ridden. 3.1 Learned Senior Advocate submits that considering the condition of the child, if the applicant is enlarged on bail in that case, the applicant would not only be in a position to take care of the child, but also can earn something which can be used for the expensive treatment of his child. It is further submitted that the applicant is behind bars since 4.4.2022 and though the offence is serious in nature, considering the fact that the ultimate sufferer is the child, who is suffering from a rare disease, for which treatment also would be very difficult in Kutch and she may be required to take to Ahmedabad very frequently for treatment. He further submitted that to ensure the welfare of the child and to establish the bonafide on his part, the applicant is ready to deposit a sum of Rs.10,00,000/- in any of the national bank initially for a period of 5 years and upon its maturity, the entire amount along with interest shall be re-deposit and shall not be withdrawn till the child attains the majority and thereafter that money can be utilized only for higher education or marriage of the child. Today, the applicant placed on record an undertaking dated 14.12.2022 sworn before the Jailor, Galpadar District Jail, Gandhidham-Kutch, which is ordered to be taken on record. Today, the applicant placed on record an undertaking dated 14.12.2022 sworn before the Jailor, Galpadar District Jail, Gandhidham-Kutch, which is ordered to be taken on record. 3.2 In view of the above, purely on humanitarian grounds keeping in mind the interest of minor child, who is suffering from rare disease, this court may enlarge the applicant on regular bail by imposing suitable terms and conditions. 4. On the other hand, learned APP appearing for the respondent – State opposed grant of regular bail looking to the nature and gravity of the offence. 5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant:- [a] The applicant is in jail since 4.4.2022. [b] Investigation is over and charge sheet is filed. [c] The daughter of the applicant, Dharvi, is suffering from a rare disease of Wry Neck for which huge expenses are required to be incurred at the hands of the expert doctors and that there is no other earning member in the family to incur such expenses. [d] The applicant has filed undertaking dated 14.12.2022 showing his willingness to deposit an amount of Rs.10,00,000/- for the welfare of the child. [e] Learned APP verified the above facts in view of the statement recorded by the Investigating Officer on 13.12.2022. [f] The applicant has no criminal antecedents. 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. [f] The applicant has no criminal antecedents. 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR registered at C.R.No.11993002220128 of 2022 with Adipur Police Station on executing 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] not to leave the Gujarat without prior permission of the Sessions Judge concerned; [d] surrender passport, if any, to the lower court within a week; [e] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Sessions Court concerned; [f] mark his presence before the concerned police station in the first week of every month till the trial is over; [g] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly. [h] The applicant shall deposit a sum of Rs.10,00,000/- in the nationalized bank within a period of one month from his release from jail initially for a period of 5 years and upon its maturity, the entire amount along with interest shall be re-deposit and shall not be withdrawn till the child attains the majority and thereafter that money can be utilized for higher education or marriage. Receipt of the deposit shall be submitted in the Registry of this Court. 7. The Authorities will release the applicant only if the applicant 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. 8. 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. 8. 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. 9. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.