Allowed

Prahladsinh Ramsinh Makwana v. State of Gujarat

Gujarat HC30 Jul 2021CR.MA/7908/2021

Case brief

AI extract

What is this about?

The High Court allowed an application for regular bail under CrPC Section 439 in a murder-related case involving neighborhood disputes. The court observed the incident was spur-of-the-moment, investigation was concluded, and no special circumstances were reported, granting bail subject to standard conditions.

What did the court decide?

Applicants enlarged on regular bail on bond of Rs. 10,000 each with one surety of like amount subject to conditions of appearing before police and not leaving state.

Prahladsinh Ramsinh Makwana Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/7908/2021 ORDER DATED: 30/07/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 7908 of 2021

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PRAHLADSINH RAMSINH MAKWANA

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Versus STATE OF GUJARAT

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Appearance:

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MR VISHVAJITSINH D CHAUHAN(10160) for the Applicant(s) No. 1,2 MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1,2 MS NISHA THAKORE, PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 30/07/2021

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ORAL ORDER

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The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR-I/11209024210089 /2021 registered with Jadar Police Station, Sabarkantha for offence under Sections 143, 147, 148, 149, 302, 452, 201, 323 and 506(2) of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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Learned Advocate appearing on behalf of the applicants submits that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

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Learned APP appearing on behalf of 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

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Page 1 of 4

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R/CR.MA/7908/2021 ORDER DATED: 30/07/2021

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parties do not press for 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 FIR is registered on 15.01.2021 for the offence which is alleged to have taken place on 09.01.2021.

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II. The applicants are in jail since 17.01.2021.

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III. The investigation is concluded and charge-sheet is filed.

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IV. Submission of learned advocate for the applicants that the incident had taken place in view of teasing by the deceased to the daughter of applicant no.2.

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V. Considering the fact that applicants and complainant side are the neighbors and that incident appears to have taken place on spur of the moment on account of teasing incident.

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VI. No antecedents are reported.

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VII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

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This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

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In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the FIR, without discussing the evidence in detail, prima facie , this

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Page 2 of 4

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R/CR.MA/7908/2021 ORDER DATED: 30/07/2021

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Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.

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Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being CR-I/11209024210089 /2021 registered with Jadar Police Station, Sabarkantha , on executing a personal 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 they 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 their 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 they are not required in connection with any other offence for the time

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R/CR.MA/7908/2021 ORDER DATED: 30/07/2021

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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 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 applicants on bail.

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Rule is made absolute to the aforesaid extent.

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Direct service is permitted.

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(A.Y. KOGJE, J)

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GIRISH

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Prahladsinh Ramsinh Makwana v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Prahladsinh Ramsinh Makwana v. State of Gujarat

Case brief

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