Allowed

Ramanbhai Punabhai Pagi v. State of Gujarat

Gujarat HC4 May 2021CR.MA/4968/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat granted bail to applicants facing murder and other charges. The court noted the case relies on circumstantial evidence and found no inference connecting the applicants to the offence. Bail was granted upon executing a bond with conditions regarding residence and appearance.

What did the court decide?

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

Ramanbhai Punabhai Pagi Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2021)

¶1

R/CR.MA/4968/2021 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 4968 of 2021

¶4

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

¶5

RAMANBHAI PUNABHAI PAGI

¶6

Versus

¶7

STATE OF GUJARAT

¶8

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

¶9

Appearance:

¶10

HL PATEL ADVOCATES(2034) for the Applicant(s) No. 1,2 MR MANAN MEHTA, APP (2) for the Respondent(s) No. 1

¶11

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

¶12

CORAM: HONOURABLE MR. JUSTICE S.H.VORA

¶13

Date : 04/05/2021

¶14

ORAL ORDER

¶15

Heard learned advocate, for the applicants and learned APP, for the respondent-State through V.C.

¶16

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.11188006200498 of 2020 with Malpur Police Station for the offences punishable under Sections 302, 34, 201 and 120B of IPC and under section 135 of G.P.Act.

¶17

Heard and examined the papers placed for consideration in support of the submission made at bar.

¶18

Upon hearing submission, following picture emerges on record :-

¶19

(i) Charge sheet is filed.

¶20

(ii) Entire prosecution rests on circumstantial evidence.

¶21

(iii) Learned APP could not point out any circumstances connecting the present applicants with the offence of

¶22

Page 1 of 3

¶23

R/CR.MA/4968/2021 ORDER

¶24

murder and therefore, present application deserves consideration.

¶25

(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. (v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicants, pending investigation and trial.

¶26

Hence, the application is allowed and the applicants are ordered to be released on bail in connection with F.I.R. registered at C.R.No.11188006200498 of 2020 with Malpur Police Station, Aravalli 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;

¶27

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

¶28

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

¶29

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

¶30

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

¶31

[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;

¶32

Page 2 of 3

¶33

R/CR.MA/4968/2021 ORDER

¶34

The competent authority will release the applicants only 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.

¶35

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

¶36

(S.H.VORA, J)

¶37

SATISH

¶38

Page 3 of 3

Ramanbhai Punabhai Pagi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Ramanbhai Punabhai Pagi 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

Farhan Abbas Munavar Husen Govani Vs State of Gujarat

Nasir Abrar Siddiqi Vs State of Gujarat

Hareshbhai @ Haribhai Raghubhai Bharwad Vs State of Gujarat

Vajaben W/O Vijaybhai Ganava Vs State of Gujarat

Hasan @ Husen Sidhidh Sama Vs State of Gujarat

Chiragbhai @ Imranbhai Bhagvanbhai Vaghela Vs State of Gujarat