Bhavesh Karamshibhai Savani vs State Of Gujarat

Dr. Ashokkumar C. Joshi, J

Heard learned Advocate Mr. B.M.Mangukiya for the Applicant, Learned Advocate Ms. Maithili Mehta for the Respondent â€" State of Gujarat

and learned Advocate Mr. Bhadrish S. Raju appearing on behalf of the original complainant, through video conference.

The Applicant â€" Bhavesh Karamshibhai Savani has filed this Application under Section 439 of the Code of Criminal Procedure, 1973 for grant of

bail in connection with the FIR No. 11214032201643 of 2020 registered at Mandvi Police Station, District Surat for the offence punishable under

Sections 306, 506(2) and 114 of the Indian Penal Code.

Learned Advocate Mr. Mangukiya has requested this Court that so far as granting regular bail to the Applicant is concerned, let the matter be

heard at length on some other date. He however prayed for grant of interim bail to the Applicant for two days i.e. on 31.1.2021 (Sunday) and 1.2.2021

(Monday) just to attend the marriage ceremony of his niece (bhanej) on 1.2.2021, wherein the Applicant has to perform mameru and therefore his

presence is required since there are no other family members in the family who can perform such social commitment.

Learned Advocate Mr. Mangukiya has also submitted that the co-accused including the prime accused have been protected by the coordinate

bench and therefore he has prayed that interim bail may be granted to the Applicant for performing such social commitment on 1.2.2021. Learned

Advocate Mr. Mangukiya has sent the marriage invitation card (kankotri) through whats app to the court officer which is perused by this court.

Learned Advocate Mr. Mangukiya has requested for such prayer on 19.1.2021 but at that time learned APP was not having the papers. Therefore,

the same prayer for interim bail is requested by learned Advocate Mr. Mangukiya for the purpose of performing the marriage ceremony of the niece

of the Applicant which is scheduled on 1.2.2021 and therefore he has requested this court that interim bail may be granted to the Applicant considering

the special facts and circumstances of the case.

Per contra, learned APP Ms. Maithili Mehta has objected for grant of interim bail to the Applicant and submitted that interim bail may not be

granted to the Applicant Accused and the matter may be fixed for final hearing on some other date. However, she has verified through the I.O. and

made a statement before this court that the marriage is scheduled on 1.2.2021.

Learned Advocate Mr. Bhadrish S. Raju appearing on behalf of the original complainant has also heavily objected for grant of interim bail to the

Applicant Accused as the offence is under Section 306 IPC and there is also one antecedent registered against the Applicant Accused. He has

submitted that the Applicant is a head-strong person and therefore discretion may not be exercised so far as interim bail is concerned and the matter

may be fixed for final hearing.

This Court has perused the Marriage Invitation Card and also the order passed by the coordinate bench in quashing petition wherein it is observed

that so far as the role of the present Applicant for the offence under Section 306 coupled with Section 107 of IPC is concerned, the court has

observed that the issue require consideration.

Having heard the arguments advanced by the learned Advocates appearing for the respective parties, more particularly the fact that the Applicant

has to perform the marriage ceremony of his niece on 1.2.2021 and has to perform the mameru as there are no other family members in the family to

perform such social commitment, this court is inclined to grant interim bail, as a special case, and in the peculiar facts and circumstances of the case

as submitted by learned Advocate Mr. B.M.Mangukiya, for a period of two days only with police japta at the cost of the Applicant.

The Applicant â€" Bhavesh Karamshibhai Savani is granted interim bail for a period of 2 days. However, as requested by the learned Advocate for

the Applicant, the Applicant is ordered to be released for a period of 2 days (i.e. for 31.1.2021 and 1.2.2021) with Police Escort at his own expenses

from the date of his actual release, on his furnishing a personal bond of Rs.10,000/-(Rupees Ten Thousand only) to the satisfaction of the jail authority,

and on a further condition that he shall surrender to the Jail authorities on expiry of the interim bail period. The Applicant shall maintain all the rules

and regulations framed by the Municipality / State Government or by any competent authority, including maintaining social distancing regarding

contemporary status of COVID-19 / Corona Virus.

The matter is ordered to be posted for final hearing on 15.2.2021.

Registry to communicate this order urgently by e-mail, Fax or through any other electronic mode to the concerned jail authority and the concerned

court. Direct service is permitted today. Grant of interim bail to the Applicant Accused may not be considered as precedent in the facts and

circumstances of the case.

Registry to accept the relevant papers from learned Advocate Mr. Bhadrish S. Raju and place on record.