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CR.MA/5099/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5099 of 2011
=========================================================
PIYUSH
MOHANBHAI HIRANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PS GONDALIA for M/S S G ASSOCIATES
for Applicant(s) : 1,
MR
JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 26/04/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.14/2011 with J.P. Road Police Station, Vadodara City for
the offences punishable under Sections 306, 498(A), 498(B) and 114
of Indian Penal Code.
Learned
Counsel Mr. P.S. Gondalia appearing for the applicant has
drawn attention of this Court to the dying declaration of the
deceased recorded by the Executive Magistrate and alleged note of
suicide and none of the above implicate the applicant herein. It is
also submitted that the complaint was filed on 10.01.2011 for the
alleged incident which occurred on 09.12.2010. It is therefore,
submitted that subject to imposition of suitable conditions, the
applicant may be enlarged on bail.
Mr. J.K.
Shah learned APP and Mr. R.C. Jain learned Advocate for the
complainant have opposed this application for bail on the ground
that in a short span of a married life of one year and due to demand
for dowry of Rs.7,00,000/= and mental cruelty inflicted upon the
deceased, she took the unfortunate and extreme step of ending her
life for which no discretion can be exercised in favour of the
applicant herein.
Heard
learned APP Mr. J.K. Shah for the respondent-State.
Having
heard learned Counsels for the parties and considering all other
attending circumstances including allegations of physical and mental
torture, the dying declaration recorded before the Executive
Magistrate, the suicide note alleged to have been written by the
deceased and time duration after which the complaint is filed, at
this stage, I deem it just and proper to enlarge the
applicant on bail.
Learned
Counsels for the parties do not press for further reasoned order.
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 as I-C.R. No.14/2011 with
J.P. Road Police Station, Vadodara City, on executing a bond of
Rs.5,000/- (Rupees Five 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 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 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 his 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 if 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
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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