Shaileshbhai vs State on 11 May, 2011

Gujarat High Court
Shaileshbhai vs State on 11 May, 2011
Author: J.B.Pardiwala,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/6091/2011	 4/ 4	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 6091 of 2011
 

 
=========================================================

 

SHAILESHBHAI
GANESHBHAI VANKAR - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
MA KHARADI for
Applicant(s) : 1, 
MR RC KODEKAR ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE J.B.PARDIWALA
		
	

 

 
 


 

Date
: 11/05/2011  
 
ORAL ORDER

Rule.

Learned APP, Mr Kodekar, waives service of notice of rule for and on
behalf of State.

2. This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Sahehra Police Station, vide C.R.No.I-223 of 2010 for the offences
punishable under Sections 306, 498A read with Section 114 of IPC.

3. Heard
learned advocate Mr Kharadi for the applicant-accused and Mr Kodekar,
learned APP for the State. Perused the FIR and papers of the
chargesheet.

4. The
case against the accused-applicant is that of abetting commission of
suicide by his wife. Prima-facie it appears from the nature of
allegations that the dispute in the family was very trivial. The
deceased was married with the accused-applicant, and was unable to
clear her C.P. Ed. exams. This fact disturbed the accused-applicant
and other family members and in this regard some unwarranted remarks
were being passed. This appears to be the main allegation. It also
appears from the FIR that time and again the deceased used to leave
the matrimonial home and go to her parents house. It is evident from
the FIR that every time she used to leave the house, the
accused-applicant, as husband, used to go to his in-laws house and
get back his wife. On the fateful day, it appears that the deceased
took extreme step and committed suicide.

5. Having
regard to the case of the prosecution, the nature of the allegations
and other attending circumstances, I am persuaded to exercise my
discretion in favour of the applicant-accused taking into
consideration the following aspects :-

(1)

Investigation is over and chargesheet is filed;

(2) Prima-facie,
there does not appear to be any actual abetment at the end of the
accused-applicant. On plain reading of the charge-sheet papers, it
appears that it is not the case that a situation so alarming was
created that the deceased was left with no other option but to commit
suicide;

6. In
this view of the matter, the accused-applicant is ordered
to be released on bail in connection C.R. No.I-223 of 2010 of Sahehra
Police Station on his executing a bond in the sum of Rs.15,000/-
(Rupees fifteen thousand only) with solvent surety of the like amount
to the satisfaction of the lower Court and subject to the conditions
that he shall,

not
take undue advantage of his liberty or abuse his liberty;

not
act in a manner injurious to the interest of the prosecution;

maintain
law and order;

mark
his presence before the concerned Police Station on every 2nd
and 4th Sunday of every month between 10:00 am to 2:00
pm:

not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;

furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;

surrender
his passport, if any, to the Lower Court immediately.

7. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.

8. Bail
before the Lower Court having jurisdiction to try the case.

9. Rule
is made absolute. Application is disposed of accordingly.

Direct
service is permitted.

(J.B.PARDIWALA,
J.)

zgs/-

   

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