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CR.MA/11544/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11544 of 2010
=========================================
MUKESHBHAI
LALABHAI TALAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR HL PATE
FOR HL PATEL ADVOCATES for
Applicant(s) : 1,
MR HH PARIKH, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/10/2010
ORAL
ORDER
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with CR No.I-45 of 2010 registered with Kothamba Police
Station, District-Panchmahal for the offences punishable under
Sections 306, 498-A and 114 of the Indian Penal Code.
Heard
Mr.H.L. Patel, learned counsel for the applicant and Mr.H.H. Parikh,
learned Additional Public Prosecutor for the State.
Mr.Patel
has submitted that present application is filed after filing of
charge-sheet. He has contended that the applicant has not committed
any offence and is innocent. The applicant is falsely involved in
the alleged commission of offence. He has also contended that the
deceased was suffering from mental disease and therefore, she was
under treatment of Dr.Mahendra Desai, Psychiatrist. He has also
contended that mother of deceased was also suffering from mental
disease. Mr.Patel produced on record prescription issued by
Dr.Desai, which shows the history of the deceased and it suggests
that deceased was abnormal. He, therefore, contended that the
Kapilaben-deceased had committed suicide only because of the disease
she suffered from. Therefore, Mr.Patel contended that this is a fit
case to release the applicant on bail.
As
against this, Mr.Parikh, learned Additional Public Prosecutor, has
strongly opposed the present application and read the order passed
by the trial Court.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. I have also gone through the
prescription issued by Dr.Desai, which suggests the history of the
deceased. Looking to the allegations levelled against the applicant,
I am of the opinion that proper probability is established and
therefore, I am inclined to release him on regular bail.
Learned
counsel for the parties do not press for a reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicant is ordered to be released on bail in connection with
CR No.I-45 of 2010 registered with Kothamba Police Station,
District-Panchmahal for the offences alleged against him in this
application on his executing two separate bail bonds of Rs.05,000/-
(Rupees Five Thousand Only) each with surety of the like amount to
the satisfaction of the lower Court and subject to the conditions
that he shall,
(I) not
take undue advantage of his liberty or abuse his liberty;
(ii) not
act in a manner injurious to the prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) furnish
the present address of residence to the Investigating Officer as
well as to the Court at the time of furnishing bond and shall
not change his residence till further orders;
(v) Surrender
his passport, if any, to the lower Court within a week;
(vi) maintain
law and order;
The
Authority 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 concerned
Sessions Judge 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.
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. Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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