Allowed

Vajaben W/O Vijaybhai Ganava v. State of Gujarat

Gujarat HC4 May 2021CR.MA/6589/2021

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court examined evidence including an alleged extra-judicial confession and the applicant's deep societal roots. The Court granted bail under Section 439 CrPC to the female applicant, imposing specific conditions to ensure she appears in court and does not leave the country. The order is oral.

What did the court decide?

Application allowed; applicant released on bail subject to bond, restriction on leaving India, attendance at investigation and court, and other standard conditions.

Vajaben W/O Vijaybhai Ganava Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/6589/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 6589 of 2021

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VAJABEN W/O VIJAYBHAI GANAVA

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Versus

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STATE OF GUJARAT

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

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MR K S CHANDRANI(6674) for the Applicant(s) No. 1 MR MANAN MEHTA, ADDL. PUBLIC PROSECUTOR(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 : 04/05/2021

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ORAL ORDER

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Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

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

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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. I - 167 of 2019 with Morbi Taluka Police Station for the offences punishable under Sections 302, 120B and 34 of the IPC and u/s 135 of the G.P. Act.

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Heard 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

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Page 1 of 3

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R/CR.MA/6589/2021 ORDER

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record :-

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(i) Charge sheet is filed.

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(ii) Entire prosecution case rests on circumstantial evidence, more particularly, on alleged extra judicial confession made before one witness Mr. Sajan Lalabhai. (iii) The applicant is a female accused and therefore, it is not legal and proper to deny bail to the present applicant on such weak piece of evidence

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(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. (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. I - 167 of 2019 with Morbi Taluka 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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[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

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Page 2 of 3

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R/CR.MA/6589/2021 ORDER

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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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SHEKHAR P. BARVE

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Page 3 of 3

Vajaben W/O Vijaybhai Ganava v. State of Gujarat

Case brief

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Vajaben W/O Vijaybhai Ganava v. State of Gujarat

Case brief

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