Allowed

Ashokbhai Shivabhai Solanki v. State of Gujarat

Gujarat HC8 Oct 2021CR.MA/14094/2021

Case brief

AI extract

What is this about?

High Court of Gujarat allowed bail application for applicant charged with murder and conspiracy under IPC. Application allowed on personal bond of Rs. 10,000 with one surety and strict conditions for investigation and residence.

What did the court decide?

Order allowed; applicant released on regular bail on personal bond of Rs. 10,000 with one surety and specific conditions.

Ashokbhai Shivabhai Solanki Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/14094/2021 ORDER DATED: 08/10/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 14094 of 2021

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ASHOKBHAI SHIVABHAI SOLANKI

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Versus STATE OF GUJARAT

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Appearance:

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MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR PAWAN A BAROT(6455) for the Respondent(s) No. 1 MR HK PATEL APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 08/10/2021

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ORAL ORDER

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RULE . Mr. HK Patel, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.

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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. 11190002210328 of 2021 with Botad Police Station, Botad for the offence punishable under Sections 302, 201 and 120 B of the Indian Penal Code read with Section 135 of G.P Act.

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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.

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On the other hand, the learned Additional Public Prosecutor

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Page 1 of 4

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R/CR.MA/14094/2021 ORDER DATED: 08/10/2021

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appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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

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

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I) The F.I.R. is registered on 09.03.2021 for the offence which is alleged to have taken place on 08.03.2021;

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II) The applicant is in custody since 09.03.2021;

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III) Investigation is concluded and charge-sheet is filed.

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IV) Submission of learned advocate that the motive attributed to the complainant is that the deceased had affair with the wife of the applicant.

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V) Considering the submission of learned advocate that the only offence against the applicant is that of CCTV footage, where the applicant is allegedly taking deceased along with him on the bike.

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

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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.

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Hence, the present application is allowed. The applicant is

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Page 2 of 4

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R/CR.MA/14094/2021 ORDER DATED: 08/10/2021

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ordered to be released on regular bail in connection with C.R. No. 11190002210328 of 2021 with Botad Police

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Station, Botad 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;

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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 & 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;

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

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(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.;

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(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;

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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.

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Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned

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Page 3 of 4

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R/CR.MA/14094/2021 ORDER DATED: 08/10/2021

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Court to delete, modify and/or relax any of the above conditions, in accordance with law.

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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.

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

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(A.Y. KOGJE, J)

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Radhika

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Ashokbhai Shivabhai Solanki v. State of Gujarat

Case brief

What is this about?

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Ashokbhai Shivabhai Solanki v. State of Gujarat

Case brief

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