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CR.MA/11967/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11967 of 2011
=========================================================
BHARATBHAI
SENDHABHAI PATANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MJ BUDDHBHATTI for
Applicant(s) : 1,
MR AJ DESAI ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 02/09/2011
ORAL
ORDER
1.0 Rule.
Mr. A. J. Desai, learned APP, waives service of notice of Rule on
behalf of the respondent-State.
2.0 Heard
Mr.M. J. Buddhbhatti, learned advocate for the applicant and
Mr.Desai, learned APP for the respondent-State.
3.0 This
application is successive application seeking regular bail under
section 439 of the Code of Criminal Procedure, 1973 preferred by
applicant in connection with the offence registered with Saher Kotda
Police Station, bearing I-CR No.86 of 2011 for the offence punishable
under sections 306, 498(A) and 114 of Indian Penal Code.
4.0 Mr.Buddhbhatti,
learned advocate for the applicants has submitted that the applicant
has been falsely implicated in the offence. He submitted that the
marriage span is of 10 years and during these years no such complaint
has ever been filed. He has also submitted that there is small kid
aged about 2 years amongst the four children of the applicant and no
one else in the family except the old parents of the applicant and,
therefore, the applicant may be released on bail on any strict
conditions to look after his children. The learned advocate for the
applicant emphasized that the allegations levelled against the
applicant are general in nature and other co-accused has been
released on bail by this Court vide order dated 22.06.2011 passed in
Criminal Misc. Application No.8111 of 2011, and, therefore, present
applicant may also be released on bail.
5.0 The
application is opposed by Mr.Desai, learned APP, who has submitted
that the applicant has committed the alleged offence which is serious
in nature and that therefore the application deserves to be rejected.
6.0 Having
heard the learned counsel for both the sides and considering the
facts and circumstances of the case as well as the documents and
other material produced on record of this case, the gravity of the
offence, the quantum of punishment, the allegations against the
applicant, the manner in which the applicant is allegedly involved in
the case as per the allegation of the prosecution coupled with the
fact that co-accused has been released by this Court and there are
four children to be looked after by the applicant since there is no
one in the family to look after the children of the applicant except
the old parents of the applicant, and that now the investigation is
over and charge sheet is filed, I am of the view that the applicant
deserves to be released on bail, and therefore, I am inclined to
allow this application and release the applicant.
7.0 Hence,
this application is allowed. It is directed that the present
applicant in connection with I-CR No.86 of 2011 registered with Saher
Kotda Police Station be released on bail, in respect of the offences
alleged against him in this application, on his executing and
furnishing bond of Rs.10,000/- (Rupees: Ten Thousand Only) with two
solvent sureties of like amount, by the concerned Police Officer, and
on condition that he shall:-
(a) not
take undue advantage of or abuse the liberty;
(b) not
act in manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Court concerned;
(e) furnish
the address of his residence at the time of execution of bond and
shall not change the residence without prior permission of the
Sessions Court/this Court;
(f) surrender
his passport, if any, to the lower court within 4 days from the date
of this order;
(g) mark
his presence at Saher Kotda Police Station, initially on 5th
September, 2011 and thereafter once a week i.e on every Monday
between 11.00 a.m. to 3.00 p.m.;
(h) not
enter the revenue limit of Meghaninagar till the trial is over and
for 6 months shall not enter limit of Ahmedabad City without prior
permission of the Sessions Court, but for making his presence and
attending the Court in connection with this case the applicant will
be free to enter the limits for a period to the extent necessary and
will leave the limits of district immediately after the case is
adjourned;
8.0 The
authorities will release the applicant only if he is not required in
any other offence for the time being.
9.0 If
breach of any of the above condition is committed the Sessions Judge
concerned will be free to issue warrant or take any appropriate
action in the matter.
10.0 Bail-bond
before the lower Court having jurisdiction to try the case.
11.0
At the trial, the trial Court shall not be influenced by the
observations, which are purely, prima facie, tentative and
preliminary nature and have been made only for the purpose of
examining prayer for bail pending the trial. The Court shall arrive
at its own conclusion independently on the basis of the evidence and
other aspects of the case.
12.0 Rule
is made absolute to the aforesaid extent.
(K.M.THAKER,
J.)
Amit
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