Allowed

Babubhai Maganbhai Snagad v. State of Gujarat

Gujarat HC9 Aug 2021CR.MA/5105/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 CrPC for an accused charged with murder. Finding mere allegations of strangulation unsupported by evidence despite postmortem findings, the court granted bail subject to standard execution and conduct conditions.

What did the court decide?

Applicant released on bail with a bond of Rs. 10,000 and one surety subject to specific conditions.

Babubhai Maganbhai Snagad Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/5105/2021 ORDER DATED: 09/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 5105 of 2021

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========================================================== BABUBHAI MAGANBHAI SNAGAD

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Versus STATE OF GUJARAT

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

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Appearance:

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MR VIJAL P DESAI(5505) for the Applicant(s) No. 1 MS ISHITA V DESAI(5975) for the Applicant(s) No. 1 MR MANAN MEHTA APP(2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 09/08/2021

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ORAL ORDER

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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.11821014200348 of 2020 with Dhanpur Police Station for the offences punishable under Sections 302, 323, 324, 504 and 506(2) of IPC.

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The short facts of the prosecution case are that a complaint came to be filed by one Mr.Vasnabhai Varabhai Sangad, Aged; 46 years, Residing at; Kaliyavad Sangad Faliyu, Tal. Dhanpur, Dist: Dahod, broadly alleging that the complainant has four brothers and they all were living separately. The name of the elder brother of the complainant is Mr.Jithrabhai and the wife of him had gone somewhere before about five years and thereafter, she did not come back. Mr.Jithrabhai has three children and it is further alleged in the complaint that on 18/10/2020, after taking dinner when the complainant was sitting in his house at that time he heard shouting near the house of his brother, therefore he went

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Page 1 of 4

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R/CR.MA/5105/2021 ORDER DATED: 09/08/2021

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there and he saw that one family relative named Mr.Babubhai Maganbhai Sangad was telling the deceased why he was taking water from the hand pump which was situated near his house and the accused was also abusing the deceased and as people told him not to abuse the deceased, he hit the stone on the head of the deceased and also beat the deceased. Thereafter, the deceased was taken to other brother’s house and from there, they went to the house of Sarpanch and as there was night therefore, they did not take the injured to the hospital and thereafter dropped the injured to his house and when on the second day when the complainant went to the house of the deceased to take him to the hospital, the deceased was succumbed to the injuries and FIR in question came to be filed.

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Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C. and examined the papers placed for consideration in support of the submission made at bar.

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Upon hearing submission, following picture emerges on record :-

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(i) Charge sheet is filed. (ii) No past antecedent is registered qua the applicant.

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(iii) The offence of murder allegedly took place on 18-19/10/2020 occurred in two parts. Firstly, near the house of the complainant’s brother where he saw that present applicant was abusing and beating deceased and he hit stone on the head of the deceased and also beaten him with stick.

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Page 2 of 4

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R/CR.MA/5105/2021 ORDER DATED: 09/08/2021

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Secondly, deceased went to his house and slept on the cot. It is further alleged that at midnight, applicant with the help of rope strangulated the deceased. However, the postmortem note indicates that deceased died due to asphyxia due to ligature strangulation. There is no iota of evidence connecting the present applicant with regard to the allegation as to strangulation and thus no evidence so far occurrence of the second part of the incident is concerned wherein deceased was strangulated with the help of rope. Under the circumstances, it is not legal and proper to deny bail to the applicant on such weak piece of evidence. (iv) The applicant has 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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(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 applicant, pending investigation and trial.

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Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No.11821014200348 of 2020 with Dhanpur Police Station, on executing a 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 the applicant shall;

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

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Page 3 of 4

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R/CR.MA/5105/2021 ORDER DATED: 09/08/2021

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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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The competent authority will release the applicant only if the applicant 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 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 applicant 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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Babubhai Maganbhai Snagad v. State of Gujarat

Case brief

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Babubhai Maganbhai Snagad v. State of Gujarat

Case brief

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