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CR.MA/12926/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12926 of 2010
=========================================
SHANTIBHAI
RUPABHAI PANCHOL (DALIT)
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR NP CHAUDHARY for Applicant
MRTUSHARCHAUDHARY
for Applicant
MRS KRINA CALLA APP for Respondent
MR ANKIT Y
BACHANI for Respondent
MR KALPESH T GURNANI for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/11/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered at
C.R.No.I – 70 of 2010 with Dhanera Police Station, for the
offences punishable under Sections 302, 498(A) and 114 etc. of the
Indian Penal Code.
Mr.Chaudhary,
learned counsel appearing for the applicants submits that the
applicant is a victim of harassment by in-laws and initially, for a
natural death which has caused due to serious ailments, the
applicant was implicated for the offence punishable under Section
302 of the Indian Penal Code which after thorough investigation came
to be deleted. Not only that but on bare perusal of the FIR would be
that there are general allegations about the harassment by the
applicant and in marriage life of about ten years no grievance was
made about any kind of harassment by the applicant. It is further
submitted that the charge-sheet is filed and considering overall
facts and circumstances of the case by imposing suitable conditions,
the applicant be enlarged on bail.
Mrs.Krina
Calla learned APP for the respondent – State and learned
advocate appearing for the complainant have opposed this application
on the ground that the deceased was illtreated by the applicant and
in-laws and in such kind of serious offences no bail can be granted.
Having
heard learned counsel for the parties and considering the papers of
charge-sheet including postmortem note and certificate issued by
Dr.Manishkumar Navinbhai Thakkar and the nature of injuries and no
mark of injuries noticed and there is no dispute about the serious
ill-ailments of fever and weakness of the victim, which was taken
care by her in-laws and being treated in the hospital since year. It
is submitted that by imposing suitable conditions, the applicant can
be enlarged on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered at C.R.No.I – 70 of
2010 with Dhanera Police Station, on executing 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 State
of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark his presence at
the concerned Police Station on the first Sunday of every month
between 10.00 a.m and 3.00 p.m for three months only;
(f) furnish the present
address of residence to the Investigating Officer and also to the
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
The
Authorities will release the applicant only of 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 Sessions
Judge concerned 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 extend. Direct Service is
permitted.
[
ANANT S. DAVE, J. ]
vijay
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