Allowed

Ravibhai Gagubhai Solanki v. State of Gujarat

Gujarat HC26 Mar 2021CR.MA/935/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat at Ahmedabad dismissed the State's opposition and allowed an application for regular bail under Section 439 CrPC. Considering the concluded investigation and lack of special circumstances, the Court ordered the release of the applicants on personal bond with standard conditions.

What did the court decide?

Allowance of bail application; release of applicants on personal bond of Rs. 10,000 with surety and specified conditions.

Ravibhai Gagubhai Solanki Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/935/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 935 of 2021

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RAVIBHAI GAGUBHAI SOLANKI

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Versus

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STATE OF GUJARAT

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Appearance:

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MR HARSHAD K PATEL(2844) for the Applicant(s) No. 1,2 MR H K PATEL, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 26/03/2021 ORAL ORDER

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1. This application is filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as CR-I/11198035201250 /2020 with Mahuva Police Station, PART-A, Bhavnagar for the offence punishable under Sections 302, 323, 504, 143, 147, 148, 149 and 34 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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

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3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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Page 1 of 4

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R/CR.MA/935/2021 ORDER

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4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

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5. 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 04.06.2020 for the offence which took place on 03.06.2020.

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II) The applicants are in custody since 07.06.2020.

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III) Investigation is concluded and charge-
sheet is filed.

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IV) Submission of learned advocate for the
applicants that the applicants had no enmity
with the deceased, but accused nos.1 and 2 were
having enmity, who have caused fatal injuries
to the deceased. The applicants were shown at
the place armed with pipe and had assaulted
other witnesses.

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V)Submission of learned advocate for the
applicants that lady member of the family is
also implicated, and therefore, element of
false implication cannot be ruled out.

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VI) No antecedents reported.

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VII) Learned Additional Public Prosecutor under
the instructions of the Investigating Officer
is unable to bring on record any special
circumstances against the applicant.

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6. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of

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Page 2 of 4

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R/CR.MA/935/2021 ORDER

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Investigation reported in [2012] 1 SCC 40.

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7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the First Information Report, without discussing the evidence in detail, prima facie, this 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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8. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with CR-I/11198035201250 /2020 registered with Mahuva Police Station, PART-A, Bhavnagar 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;

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(c) surrender passport, if any, to the lower
Court within a week;

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(d) not leave the State of Gujarat without prior
permission of the Sessions Judge concerned;

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(e) mark presence before the concerned Police
Station on alternate Monday of every English
calendar month for a period of six months

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Page 3 of 4

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R/CR.MA/935/2021 ORDER

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between 11.00 a.m. and 2.00 p.m.;

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(f) furnish the present addresses 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 this Court;

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9. The authorities will release the applicants only if they 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 issue warrant or take appropriate action in the matter.

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10. 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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11. 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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12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

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(A.Y. KOGJE, J)

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GIRISH

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Page 4 of 4

Ravibhai Gagubhai Solanki v. State of Gujarat

Case brief

What is this about?

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Ravibhai Gagubhai Solanki v. State of Gujarat

Case brief

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