Gujarat High Court Case Information System Print 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
Learned APP, Mr Kodekar, waives service of notice of rule for and on
behalf of State.
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.
learned advocate Mr Kharadi for the applicant-accused and Mr Kodekar,
learned APP for the State. Perused the FIR and papers of 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.
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 :-
Investigation is over and chargesheet is filed;
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
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,
take undue advantage of his liberty or abuse his liberty;
act in a manner injurious to the interest of the prosecution;
law and order;
his presence before the concerned Police Station on every 2nd
and 4th Sunday of every month between 10:00 am to 2:00
leave the State of Gujarat without prior permission of the Sessions
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
his passport, if any, to the Lower Court immediately.
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
before the Lower Court having jurisdiction to try the case.
is made absolute. Application is disposed of accordingly.
service is permitted.