Dharmendrabhai Koldhubhai Gavit vs State Of Gujarat

Dr. A. P. Thaker, J

Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent â€" State through Video Conferencing.

RULE. Learned Additional Public Prosecutor waives service of notice of rule for respondent â€" State.

The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R. No.11200050200457 of

2020 registered with Nana Pondha Police Station, District Valsad for the offences punishable under Sections 306 and 114 of the Indian Penal Code.

Learned Advocate for the applicant Mr. Adil R. Mirza while referring to the chargesheet including the statement of material witness has submitted

that the present applicant who is husband of the deceased has not instigated the deceased to commit suicide. He has also submitted that considering

the averments made in this statement, it is clearly found that the main allegations is against the mother in law and sister in law of the deceased. He has

submitted that the mother in law as well as the sister in law has been enlarged on bail by the trial Court though serious allegations were made against

them. He has submitted that the applicant is in jail since August 2020 and chargesheet has already been filed and considering the role attributed to the

applicant he may be enlarged on bail and the applicant shall abide by all the conditions.

Per contra learned Additional Public Prosecutor Ms. Moxa Thakkar has vehemently opposed the present application for grant of bail on the ground

that the present applicant is husband of the deceased and though the applicant's mother and sister were beating the deceased, the present applicant did

not rescue the deceased and therefore, there is a prima-facie evidence against the present applicant and he instigated the deceased to commit suicide.

It is submitted that considering the seriousness of the offence, the present petition may be dismissed.

Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role

attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant.

This Court has considered following aspects;

(i) The chargesheet has been led;

(ii) The accused is in jail since 24.08.2020 and there is no need for interrogation;

(iii) The other co-accused against whom serious allegations have been made has been enlarged on bail by the Trial Court;

(iv) The assurance given by learned Advocate for the applicant that the applicant will abide by all the conditions that may be imposed by this

Court;That other co-accused are enlarged on bail;

This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation,

(2012) 1 SCC 40;

In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.

No.11200050200457 of 2020 registered with Nana Pondha Police Station, District Valsad, on executing a personal bond of Rs.25,000/- (Rupees

Twenty Five Thousand Only) with one local surety of the like amount to the satisfaction of the learned 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 his passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the concerned Trial Court;

[e] mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every

English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

[f] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the

residence without prior permission of the Trial Court;

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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be

executed before the Trial 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. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the

evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute accordingly.

Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned

advocate for the applicant is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable

electronic mode.