Mayurdhvajsinh @ Lalbha Merubha Zala vs State Of Gujarat

A.Y. Kogje, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.71 of 2017 registered with Dharangadhra Police Station, Surendranagar for offence under Sections 302, 307, 326, 337, 323, 120(B), 147, 148 and 149 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned advocate Mr. Jimit P. Shah for the original complainant draws attention of this Court to the settlement affidavit between the two sides and indicates that the peace has prevailed in the area and in fact the other crime registers are also covered in the settlement.

Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

I. The FIR is registered on 14.07.2017 for the offence which is alleged to have taken place on 13.07.2017.

II. The applicant is in jail since 05.04.2020.

III. The investigation is concluded and charge-sheet is filed.

IV. Though it is a case of murder, where two communities namely Bharvad and Darbar who are locally powerful communities are involved.

V. The Court has taken into consideration the relevant aspect that in the local area these two communities have time and again indulged into the commission of such serious offence. However, now with the efforts of the senior members of these communities, the communities have buried their hedge and for all time to come settled down to see to it that no further offence/crime takes place within these two communities.

VI. At this stage, learned advocate for the applicant as well as learned advocate for the complainant state that peace has prevailed in the area and no communities are indulged in any crime/offence. Under the instructions, they state that both the parties are ready and willing to give undertaking before this Court that they shall abide their respective terms of settlement of affidavit and in case of breach of any of the terms of settlement by the applicant, bail order may be treated to be canceled.

VII. Considering the aforesaid and particularity the time that trial may consume.

VIII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-CR No.71 of 2017 registered with Dharangadhra Police Station, Surendranagar, on executing a 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial Court;

(g) both the parties shall file an undertaking before this Court that they shall abide their respective terms of settlement of affidavit and in case of breach of any of the terms of settlement by the applicant, bail order may be treated to be canceled from the date of actual release of the applicant.

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.

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.

At the trial, the 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 to the aforesaid extent.

Direct service is permitted.