Allowed

Sentubha @ Manharsinh Merubha Zala (Sentubha Merubha Zala) v. State of Gujarat

Gujarat HC24 Sept 2021CR.MA/13196/2021

Case brief

AI extract

What is this about?

The High Court allowed bail applications filed by applicants accused under serious IPC charges. Relying on parity with bail granted to co-accused following community settlement, the Court ordered release without requiring a settlement affidavit but imposed strict conditions, including restriction within Indian territory and prohibitions on entering the Dhangadhra Taluka. Release is contingent on e

What did the court decide?

Applicants ordered to be released on bail executing a bond of Rs. 10,000 each with one surety of like amount.

Sentubha @ Manharsinh Merubha Zala (Sentubha… — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/13182/2021 ORDER DATED: 24/09/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 13182 of 2021

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With R/CRIMINAL MISC.APPLICATION NO. 13196 of 2021

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DIGVIJAYSINH @ DIGPALSINH @ DIGPAL GIRIRAJSINH GOHIL LUCKY'S BROTHER DIGPAL(AS PER FIR)

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Versus

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STATE OF GUJARAT

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Appearance:

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MR LAXMANSINH M ZALA(5787) for the Applicant(s) No. 1 MR JIMIT P SHAH(9917) for the Respondent(s) No. 1 MS MOXA THAKKAR APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 24/09/2021

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COMMON ORAL ORDER

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These applications under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.I-71 of 2017 with Dhangadhra Taluka Police Station for the offences punishable under Sections 302, 307, 326, 337, 323, 147, 148, 149, 120-B of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

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Heard learned advocate, for the applicants and learned APP, for the respondent-State and learned Advocate Mr.Jimit Shah appearing for the complainant and examined the papers placed for consideration in support of the submission made at bar.

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Upon hearing submissions, following picture emerges on record :-

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(i) Applicant of CR.MA No.13182 of 2021 is behind the

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Page 1 of 4

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R/CR.MA/13182/2021 ORDER DATED: 24/09/2021

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bars since 18/02/2018 and applicant of CR.MA No.13196 of 2021 is behind the bars since 01/08/20218.

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(ii) Charge sheet is filed and no charge is framed as of now as stated at bar by learned Advocate for the applicants.

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(iii) Vide order dated 24/03/2021 passed in CR.MA No.1394 of 2021, order dated 03/05/2021 passed in CR.MA No.384 of 2021, co-accused- Mr.Mayurdhvajsinh @ Lalbha Merubha Zala and Mr.Harpalsinh respectively came to be enlarged on regular bail considering the fact that two communities viz., Bharvad and Darbar have time and again indulged into commission of offence and since the elder members of both the communities settled down to see that no further offence / crime takes place between them and thus the co-ordinate Bench accepted such settlement on affidavit. In the present matter also, learned Advocate Mr.Jimit Shah appearing for the complainant has filed such affidavit of original complainant. As such the Court is not inclined to entertain the present bail applications on such settlement between the two communities in view of seriousness of the offence; but, since two co-accused are enlarged on bail by co-ordinate Bench and the said order is not carried further by the State, the Court is required to consider the present bail applications on the ground of parity so as to maintain consistency in the matter of bail and therefore, present applications deserve to be allowed.

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(iv) The applicants have deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

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Page 2 of 4

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R/CR.MA/13182/2021 ORDER DATED: 24/09/2021

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(iv) In view of above position emerging at the end of hearing, the applications deserve consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

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Hence, the applications are allowed and the applicants are ordered to be released on bail in connection with C.R. No.I-71 of 2017 with Dhangadhra Taluka Police Station, on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicants shall;

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

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

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

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[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

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[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

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[f] not enter into the limits of Dhangadhra Taluka till the trial is over; except for the purpose of attending the Court proceedings ;

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The competent authority will release the applicants only

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Page 3 of 4

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if the applicants are 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 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 applicants on bail.

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

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(S.H.VORA, J)

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sompura

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Sentubha @ Manharsinh Merubha Zala (Sentubha Merubha Zala) v. State of Gujarat

Case brief

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Sentubha @ Manharsinh Merubha Zala (Sentubha Merubha Zala) v. State of Gujarat

Case brief

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