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CR.MA/13504/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13504 of 2011
In
CRIMINAL
APPEAL No. 2070 of 2010
=========================================================
HARSHADBHAI
CHANDULAL RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KB ANANDJIWALA for
Applicant(s) : 1,
MR LR PUJARI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 17/10/2011
ORAL
ORDER
This
application under Sec.389 of Cr.P.C. has been filed for suspension
of sentence imposed on the applicant and to release the applicant on
bail, pending hearing and final disposal of his Criminal Appeal.
Previously,
the bail application preferred by the applicant was rejected on
merits by this Court vide order dated 10-1-2001 passed in
Cri.Misc.Appln.No.14975 of 2010 in Criminal Appeal No.2070 of 2010.
Thereafter, the applicant approached the Hon’ble Apex Court wherein
the following order has been passed:
“The
learned counsel for the petitioner seeks permission to withdraw the
Special Leave Petition and prays that liberty be given to the
petitioner to apply for bail before the High Court after reasonable
time. The prayer, as made, is accepted. The Special Leave Petition
stands disposed of as withdrawn.”
In
view of the aforesaid order, present application has been preferred
by the applicant.
Heard
learned advocate, Mr.K.B.Anandjiwala for the applicant and learned
APP, Mr.L.R.Pujari for the respondent-State.
Rule.
Learned APP, Mr.L.R.Pujari, for the respondent-State waives service
of rule.
Mr.Anandjiwala
has taken this Court through the evidence on record as well as the
material part of evidence. According to him, in nutshell, the crux
of the matter is that the deceased committed suicide due to illicit
relation of wife of the deceased(who is also the accused) with the
applicant. It is further submitted that the deceased disclosed these
facts before his mother, father and brother of the wife of the
deceased and, therefore, the wife of the deceased became annoyed and
to teach him a lesson, the alleged false complaint has been filed
against the deceased, his father, mother and sister for the offence
punishable under Sec.498-A of IPC and, therefore, the deceased
became totally upset and committed suicide. It is submitted that the
lady accused-wife of the deceased was released on bail by this
Court.
The
allegation against the present applicant-accused is that of an
abater as he kept illicit relation with wife of the deceased and has
also sent SMS through mobile phone to her which came to the
knowledge of the deceased and, therefore, he broke down and
committed suicide. However, the police papers prima facie do not
suggest that the present applicant-accused compelled wife of the
deceased or put her under fear to enter into illicit relation
against her will. As far as suicide note is concerned, it is stated
therein that the deceased was a journalist and with an ulterior
motive to bring pressure on the deceased, a false complaint is filed
by Manisha, wife of the deceased(accused) involving sister and
mother of the deceased in order that the talk of her illicit
relation with the present applicant should not be spread in the
society. It was also stated in the suicide note that in the month
of February, 2007, the deceased gave slap to Manisha as she refused
to give salary and Manisha left her house and deceased did not try
to contact her but subsequently in the interest of children,
deceased brought Manisha home to stay with his children.
Thus,
it prima facie appears that there was a strain relation between the
deceased and the accused Manisha and as Manisha lodged complaint for
the offence under Sec.498-A of IPC against the deceased, his mother
and sister, the deceased committed suicide. As far as role
attributed to the applicant is concerned, his role appears to be
that of a paramour and the present applicant and accused Manisha
voluntarily entered into relationship and, therefore, he is joined
as an accused as an abater. It is to be noted that the applicant is
in jail since 15-10-2008 and thus has completed three years in jail.
Considering the role attributed to the accused, in the opinion of
this Court, as the main accused Manisha was granted bail by this
accused, this application deserves to be allowed.
This
application is allowed. Pending hearing and final disposal of
Criminal Appeal, the applicant is ordered to be released on bail on
his executing personal bond of Rs.25,000/- (Rupees Twentyfive
Thousand only) with one solvent surety of like amount before the
trial court and on condition that he shall not leave the territory
of Gujarat without prior permission of this Court and shall
forthwith deposit the passport, if any, with the trial court. Rule
is made absolute. Direct service is permitted.
Since
the aforesaid observations have been made for deciding this
application for bail, they may not come in way of the parties at the
time of final hearing of appeal.
(M.D.SHAH,J.)
radhan/
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