Allowed

Dhanabhai Rupsinh Bhilala v. State of Gujarat

Gujarat HC3 Jul 2020CR.MA/9236/2020

Case brief

AI extract

What is this about?

The High Court allowed the regular bail application of the applicant accused of an offence punishable under Section 304 IPC. The Court released him on personal bond with a surety subject to various conditions including surrendering passport and attending Police Station periodically.

What did the court decide?

Applicant released on regular bail with Rs. 15,000 personal bond and one surety of like amount subject to specific conditions.

Dhanabhai Rupsinh Bhilala Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2020)

¶1

R/CR.MA/9236/2020 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 9236 of 2020

¶4

================================================================ DHANABHAI RUPSINH BHILALA

¶5

Versus STATE OF GUJARAT

¶6

================================================================ Appearance:

¶7

MR MAULIN G PANDYA(3999) for the Applicant(s) No. 1 MR L B DABHI APP for the Respondent(s) No. 1

¶8

================================================================ CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA

¶9

Date : 03/07/2020 ORAL ORDER

¶10

[1] Heard learned advocates for the respective parties through video conferencing.

¶11

[2] Rule. Learned APP waives service of notice of rule on behalf of the respondent State.

¶12

[3] This regular bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with C. R. No.11204060200074 of 2020 registered with Thasra Police Station, Kheda for the offence punishable under Section 304 of the Indian Penal Code.

¶13

[4] 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.

¶14

[5] 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.

¶15

[6] I have heard learned advocates appearing on behalf of the respective parties.

¶16

Page 1 of 3

¶17

R/CR.MA/9236/2020 ORDER

¶18

[7] In the totality of facts and circumstances of the case and taking into consideration (i) after conclusion of investigation, charge-sheet has been filed (ii) the manner in which the incident occurred and (iii) complicity revealing against the present applicant, 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 and the applicant is ordered to be released on regular bail in connection with C. R. No.11204060200074 of 2020 registered with Thasra Police Station, Kheda on executing a personal bond of Rs.15,000/(Rupees Fifteen thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

¶19

[a] not take undue advantage of liberty or misuse liberty;

¶20

[b] not act in a manner injuries to the interest of the prosecution;

¶21

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

¶22

[d] not leave India without prior permission of the Sessions Judge concerned;

¶23

[e] mark presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a further period of three months, between 10:00 a.m. and 2:00 p.m.;

¶24

[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;

¶25

[8] 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax

¶26

Page 2 of 3

¶27

R/CR.MA/9236/2020 ORDER

¶28

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 to the aforesaid extent.

¶29

Registry to send the copy of the this Order to the concerned Jail Authority through Fax and Email.

¶30

(R.P.DHOLARIA, J)

¶31

TAUSIF SAIYED/chandrashekhar

¶32

Page 3 of 3

Dhanabhai Rupsinh Bhilala v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Dhanabhai Rupsinh Bhilala 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ghanshyam Navinchandra Soni Vs State of Gujarat

Hemantkumar Amrutlal Pandya Vs State of Gujarat

Jitendrabhai Shantibhai Khavadiya Vs State of Gujarat

Bhabhlubhai Jilubhai Khachar through Valkuben Jilubhai Khachar Vs State of Gujarat

Karodiya Salim Yakub Thro Karodiya Yakub Yusuf Vs State of Gujarat

Parth Jayrambhai Desai through Amitbhai Jayrambhai Desai Vs State of Gujarat