Allowed

Rama @ Boghabhai Kanabhai Chavda v. State of Gujarat

Gujarat HC28 Nov 2019CR.MA/2761/2019

Case brief

AI extract

What is this about?

Single judge of Gujarat HC allowed bail application for murder and other offences, observing applicant is fit for bail given non-gravity of special circumstances against him and parity with co-accused, subject to standard bond conditions.

What did the court decide?

Released on regular bail via personal bond of ₹10,000 with one surety, subject to reporting and other standard conditions.

Rama @ Boghabhai Kanabhai Chavda Vs State of… — Murder and Culpable Homicide | Gujarat HC (2019)

¶1

R/CR.MA/2761/2019 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 2761 of 2019

¶4

============================================= RAMA @ BOGHABHAI KANABHAI CHAVDA

¶5

Versus STATE OF GUJARAT

¶6

=============================================

¶7

Appearance:

¶8

MR. NIRUPAM NANAVATY, SR. ADVOCATE, with JAIVIK UDAY BHATT(7319) for the Applicant(s) No. 1 MR UDAY H BHATT(6457) for the Applicant(s) No. 1 MR ATUL G BAROT(1846) for the Respondent(s) No. 1 MR. J. K. SHAH, APP for the Respondent(s) No. 1

¶9

=============================================

¶10

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

¶11

Date : 28/11/2019

¶12

ORAL ORDER

¶13

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-89 of 2018 with Keshod Police Station, Junagadh, for the offence punishable under Sections 302, 504, 147, 148, 120(B) of the Indian Penal Code and under Section 135 of G.P. Act.

¶14

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

¶15

Page 1 of 4

¶16

R/CR.MA/2761/2019 ORDER

¶17

On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

¶18

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

¶19

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

¶20

I) The F.I.R. is registered on 13-06-2018 for the offence which is alleged to have taken place on 13-06-2018;

¶21

II) The applicant is in custody since 14-06-2018;

¶22

III) Learned Advocate for the applicant submitted that though trial is going on. It is trial of 78 witnesses, where only 9 witnesses have been examined. It is submitted that pending the application, the informant eye-witnesses who is only witness naming the applicant to have participated in the offence, is declared hostile;

¶23

IV) Co-accused who are identically situated have been enlarged on regular bail. Hence, applying principle of parity.

¶24

V) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

¶25

This Court has taken into consideration the law laid down

¶26

by the Hon'ble Apex Court in the case of Sanjay Chandra

¶27

v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

¶28

Page 2 of 4

¶29

R/CR.MA/2761/2019 ORDER

¶30

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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.

¶31

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-89 of 2018 with Keshod Police Station, Junagadh, 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;

¶32

(a) not take undue advantage of liberty or misuse liberty;

¶33

(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;

¶34

¶35

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

¶36

(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.;

¶37

(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;

¶38

Page 3 of 4

¶39

R/CR.MA/2761/2019 ORDER

¶40

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.

¶41

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.

¶42

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.

¶43

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

¶44

(A.Y. KOGJE, J)

¶45

PARESH SOMPURA

¶46

Page 4 of 4

Rama @ Boghabhai Kanabhai Chavda v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Rama @ Boghabhai Kanabhai Chavda v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rahulkumar Jayanti Patel Vs State of Gujarat

Altafbhai Yusubbhai Bhati (Miyana) Vs State of Gujarat

Nitinbhai Vasantbhai Patel Vs State of Gujarat

Rafik @ Haji Yunusbhai Modan Thro Kanad Gulshan Imranbhai Vs State of Gujarat

Kiran Rasulbhai Parmar Vs State of Gujarat

Naresh @ Nariyo Chatrabhai Bamaniya Vs State of Gujarat