RAMESHBHAI BHANABHAI RATHOD v. STATE OF GUJARAT
Court: High Court of Gujarat
Bench: HONOURABLE MR. JUSTICE PARESH UPADHYAY
Judgment date:
Case summary
High Court of Gujarat judgment dated 2020-12-23. RAMESHBHAI BHANABHAI RATHOD v. STATE OF GUJARAT. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION NO. 18329 of 2020 ========================================================== RAMESHBHAI BHANABHAI RATHOD Versus STATE OF GUJARAT ========================================================== Appearance: MR BM MANGUKIYA, ADVOCATE for the Applicant MS NISHA THAKORE, APP for the Respondent STATE ========================================================== CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY Date : 23/12/2020 ORAL ORDER 1. This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C. R. No. 11198007200008 of 2020 registered with Bagdana Police Station, Dist. Bhavnagar for the offences punishable under Sections 302, 201 and 114 of the Indian Penal Code. 2. Rule was already issued by this Court vide order dated 02. 12. 2020. 3. Heard learned advocate for the applicant and the learned Additional Public Prosecutor through Video Conferencing. 4.
Learned advocate for the applicant has submitted that, the applicant has not committed any offence. Without prejudice to this, it is further submitted that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 5. Learned Additional Public Prosecutor for the State has opposed this application. 6. Having heard learned advocates for the respective parties and having considered the material on record and the role of the applicant in the offence in question, this Court finds that, this is the fit case to exercise the discretion to release the applicant on bail, in exercise of powers under Section 439 of the Code of Criminal Procedure, 1973, on certain conditions. 7.
Learned advocates for the respective parties do not press for reasons, so that it may not prejudice any of the parties, at the time of trail, however it is noted that, while passing this order, this Court has kept in view the law laid down by the Supreme Court of India in the case of Sanjay Chandra versus Central Bureau of Investigation, reported in (2012) 1 SCC 40. It is noted that charge sheet is filed. The case rests on circumstantial evidence. Initially 10 persons were named as accused. There was over implication. Charge sheet is filed qua two accused. The very root cause of the incident is stated to be that, the deceased had extra-marital affairs with accused No. 2 and therefore the husband of the said lady killed the deceased. The said lady is also named as an accused and is stated to be in jail. 8. In view of above, the following order is passed. 8. 1 This application is allowed. 8. 2 The applicant is ordered to be released on regular bail in connection with C. R. No.
11198007200008 of 2020 registered with Bagdana Police Station, Dist. Bhavnagar on executing his personal bond of Rs. 10,000/- (Rupees Ten 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] make himself available at the time of trial. 8. 3 The authorities will release the applicant only if he is 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. 8. 4 Bail bond to be executed before the lower Court having jurisdiction to try the case.
It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. 8. 5 At the trial, the trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 8. 6 Rule is made absolute in above terms. (PARESH UPADHYAY, J) SALIM/MHDave/Bhati/ 53
Source: High Court of Gujarat. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.