Allowed

Mehulbhai Rameshbhai Ko. Patel v. State of Gujarat

Gujarat HC2 Aug 2021CR.MA/7561/2021

Case brief

AI extract

What is this about?

The High Court granted regular bail to the applicant, implicating in murder and related offences under IPC sections 302, 201, 120(b), and 34. Bail was allowed subject to a non-removable sum of Rs. 10,000 with one surety and specified conditions regarding residence and appearance.

What did the court decide?

Application dismissed qua bail application and the applicant was released on regular bail on a bond of Rs. 10,000 with one surety and subject to specified conditions.

Mehulbhai Rameshbhai Ko. Patel Vs State of… — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/7561/2021 ORDER DATED: 02/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 7561 of 2021

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MEHULBHAI RAMESHBHAI KO. PATEL

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Versus

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STATE OF GUJARAT

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Appearance:

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MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1 MR VIKRAM J THAKOR(2221) for the Respondent(s) No. 1 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1 ROBIN PRASAD(9344) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 02/08/2021

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ORAL ORDER

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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.11200019200165 of 2020 with Dungari Police Station, Valsad for the offences punishable under Sections 302, 201, 120(b), 34 of IPC.

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Heard and examined the papers placed for consideration in support of the submission made at bar and also considered affidavit filed by sister of the applicant annexed at Page No.59 to the application.

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Upon hearing submission, following picture emerges on record :-

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(i) Charge sheet is filed.

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(ii) No past antecedent is registered qua the applicant.

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Page 1 of 3

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R/CR.MA/7561/2021 ORDER DATED: 02/08/2021

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(iii) The applicant initially was informant and subsequently, he is arraigned as a accused.

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(iv) The applicant is implicated in the offence on the basis of joint discovery panchnama of three other accused and call details in order to show that the applicant and co-accused were in contact with each other in or around incident in question.

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(v) Out of five accused charged, 4 accused are enlarged on regular bail.

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(vi) The prosecution case rests on circumstantial evidence and therefore, it is not legal and proper to deny bail to the applicant on such weak case.

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(vii) 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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(viii) 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 F.I.R. registered at C.R.No.11200019200165 of 2020 with Dungari Police Station, Valsad 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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Page 2 of 3

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R/CR.MA/7561/2021 ORDER DATED: 02/08/2021

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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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SATISH

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Page 3 of 3

Mehulbhai Rameshbhai Ko. Patel v. State of Gujarat

Case brief

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Mehulbhai Rameshbhai Ko. Patel v. State of Gujarat

Case brief

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