High Court at Ahmedabad granted regular bail to Ramabhaisimabhai Rathwa in an IPC 306 and 498A case filed under Section 439 CrPC.
Released on regular bail on executing personal bond of Rs.10,000 with one local surety of like amount subject to specified conditions.
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R/CR.MA/8434/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8434 of 2020
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RAMABHAI SIMABHAI RATHWA
Versus
STATE OF GUJARAT
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Appearance:
MR SIKANDER SAIYED(3458) for the Applicant(s) No. 1 MS MAITHILI MEHTA APP (2) for the Respondent(s) No. 1 =================================================
CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 14/07/2020
ORAL ORDER
[1] The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I – 11197014200511 of 2020 registered with Dabhoi Police Station, District: Vadodara Rural for the offences punishable under Sections 306 and 498(A) of the Indian Penal Code.
[2] Learned advocate appearing for the applicant submits that the charge-sheet has already been filed. He further submits that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.
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R/CR.MA/8434/2020 ORDER
[3] Learned Additional Public Prosecutor appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence.
[4] Having heard the learned advocates for the parties and 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.
(iii) The investigation is over and the charge-sheet is led;
[6] 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 ;
[7] 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.I – 11197014200511 of 2020 registered with Dabhoi Police Station, District: Vadodara Rural , on executing a personal bond of Rs.10,000/- (Rupees Ten Thousands 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;
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R/CR.MA/8434/2020 ORDER
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R/CR.MA/8434/2020 ORDER
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.
[9] 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.
VR PANCHAL / SINDHU NAIR
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1 issue framed by the court
Whether the applicant is entitled to regular bail under Section 439 CrPC considering the gravity of offences and role attributed.
Colour shows how this judgement treated each authority
Sanjay Chandra Vs. Central Bureau of InvestigationReferred¶6
Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40 · Who else cites this
1 provisions across 1 enactments
RAMABHAI SIMABHAI RATHWA
STATE OF GUJARAT
A. P. THAKER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
