Rajeshkumar Munnalal Divakar vs State Of Gujarat

Umesh A. Trivedi, J

Cause-list reflects that Rule is served to respondent No. 2 through concerned Police station. However, he is neither present in person nor through an advocate.

The present appeal is filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “The Act”, in short) read with Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No. 11822019212444 of 2021 registered with Navsari Town Police Station, District: Navsari, for offence under Sections 143, 147, 148, 149, 323, 302, 120(B), 34 of the Indian Penal Code (hereinafter referred to as “IPC”, in short), Section 135 of the Gujarat Police Act and Sections 3(2)(v) and 3(2)(v-a) of “The Act”.

Mr. Rahul R. Dholakia, learned advocate appearing on behalf of the appellant, submits that considering the nature of the offence, the appellant may be enlarged on regular bail by imposing suitable conditions.

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

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

Having heard the learned advocates for the parties and perusing the material 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, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the appellant on regular bail.

Following aspects are considered:-

(i) Investigation is over and charge-sheet is filed.

(ii) Though the appellant is arrested on 13.07.2021, the trial has yet not commenced.

(iii) It is submitted that accused – Piyushkumarsinh Udaybhanusinh Rajput and Sumit Prakashbhai Jadav, who are stated to have given pipe blow over the head and backside of the head, have been enlarged on bail by the coordinate Bench of this Court and the Sessions Court, respectively.

(iv) The appellant – accused is alleged to have taken away the pipe from the hands of Piyushkumarsinh and inflicted pipe blow on the back of deceased – Shaileshbhai. However, cause of death reflects that bleeding injuries over the head and abdomen, because of loss of blood, led to the death of deceased.

(v) The persons, who inflicted an axe blow over the head not one but three to four and knife blow in the abdomen not one but eight to ten, have not been released on bail yet. From the cause of death in the postmortem, it reflects that those two accused are responsible for inflicting the fatal blow to the deceased. However, an order passed by this Court in case of Piyushkumarsinh Udaybhanusinh Rajput and Sumit Prakashbhai Jadav, who are said to have inflicted pipe blow on the back of the head, have been released on bail and learned APP is not able to distinguish the case of present appellant from those two accused, who have been enlarged on bail by the coordinate Bench of this Court as also the Sessions Court. Therefore, on the ground of parity also, I am unable to take a different view, and therefore, am inclined to release the appellant on bail.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40.

Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R. No. 11822019212444 of 2021 registered with Navsari Town Police Station, District: Navsari, 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;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the territory of District: Navsari without prior permission of the Sessions Judge concerned till the trial is over;

[e] furnish the present 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 this Court.

The authorities will release the appellant 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 prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted.