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CR.MA/13378/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13378 of 2011
======================================
SHIVKUMAR
RAMSWAROOP AVASTHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
VIKESH F GAJJAR for Applicant(s) : 1,
MS CM SHAH ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 03/10/2011
ORAL
ORDER
1. This
Application has been preferred under Section 439 of the Code of
Criminal Procedure, 1973 in connection with the offence being CR
No.I-30 of 2011 registered with Meghaninagar Police Station for the
offences u/s. 306 and 114 of the Indian Penal Code.
2. Heard
Mr.Yogesh Lakhani, learned Senior Counsel appearing with Mr.Vikesh F.
Gajjar, for the applicant. Mr.Lakhani read FIR as well as so called
suicide note and order passed by the learned Judge and vehemently
argued that to establish prima facie case of offence punishable under
Section 306 of the IPC three ingredients are required to be
established, namely, (1) abettor (2) provocator and (3) instigator.
Mr.Lakhani has argued that in this case three ingredients of Section
306 of IPC are prima faciely not established. He has read contents of
the note of the suicide and also contended that even from the
contents of suicide note present applicants are not prima faciely
involved in this case. He submitted that co-accused of the same
offence, have been released by this Court. He has, therefore,
contended that present applicant are required to be enlarged on bail.
3. Heard
Ms. Shah learned APP for the respondent State vehemently opposed the
present application.
4. Having
heard the learned Counsel for both the sides and looking to the facts
and circumstances of the case, statement of the witnesses, gravity of
the offence and quantum of punishment and the fact there is no
definite allegation made against the applicant, I am inclined to
grant bail to the applicant.
5. Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No.I-30 of 2011 registered
with Meghaninagar Police Station for the offence alleged against him
in this Application on his executing a Bond of Rs.10,000/- (Rupees
ten thousand only) with one solvent 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 his liberty or abuse his liberty;
b) not
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge;
f) furnish
the address of his residence to the I.O. 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;
g) surrender
his passport, if any, to the lower Court within a week.
6. If
the breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
7. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
8. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.)
ynvyas
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