Nareshbhai Dinubhai Dhandhal vs State Of Gujarat & 1 Other(s)

Gita Gopi, J

This appeal has been filed under section 439 of the Code of Criminal Procedure for bail in connection with the FIR being I- C.R. No.14 of 2018

registered with Thangadh Police Station, District : Surendranagar for offences punishable under sections 394, 385, 452, 323, 504, 506(2), 114 of the

Indian Penal Code and sections 3(2)(5A) and 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Amendments Act,

2015.

Mr. Laxmansinh Zala, learned advocate for the applicant- appellant, submitted that the present applicant-appellant was already released on bail on

12.03.2018 towards the offence registered at Thangadh Police Station as I â€" C.R. No.14 of 2018. The appellant failed to remain present during the

trial and therefore, warrant was issued against him. Mr. Zala submitted that the appellant was not arrested in lieu of the warrant but was in judicial

custody for some other offence and as the appellant was in judicial custody, he could not remain present during the trial. The said warrant was served

on the appellant, and thereafter, was shown as arrested thus, in that circumstances Mr. Zala submitted that when the applicant- appellant has been

granted bail in the original offence, taking the circumstances of the applicant, discretion be exercised to release him on regular bail.

Mr. Prakash Koradiya, learned advocate for respondent no.2 contended that he has nothing to state about the factual aspect but contended that

absence of accused during the trial may delay the proceedings. Mr. Koradiya, further submitted that in compliance to the order dated 04.08.2020,

respondent no.2 â€" Nareshbhai Budhabhai Dana has filed affidavit, stating that due to quarrel on some trivial issue, the incident was occurred, which

resulted into filing of the FIR and the complainant- respondent no.2 has no objection if the appellant is released on regular bail.

Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that the facts on record shows criminal history of the appellant. The applicant-

appellant may not remain present during the trial thus, prayed to reject the application.

Heard learned advocates on both the sides and perused the material on record. The applicant-appellant had been released on bail vide order dated

12.03.2018 passed in in Criminal Misc. Application No.211 of 2018, towards offence registered at Thangadh Police Station as I â€" C.R. No.14 of

2018. The circumstances of absence during the trial proceedings had been explained thus, to the facts and circumstances discretion is required to be

exercised in favour of the present applicant- appellant.

Hence, the present appeal is allowed. The applicant- appellant is ordered to be released on regular bail in connection with FIR being I-C.R. No.14

of 2018 registered with Thangadh Police Station, District : Surendranagar on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand

only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between

11:00 a.m. and 2:00 p.m.; [f] furnish the present address of 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 the concerned trial court;

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant-appellant only if he is not required in

connection with any other offence for the time being. If breach of any of the above conditions is committed, the Judge concerned will be free to issue

warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It is clarified that

the Court below shall not be influenced by any of the observation made in this order during the trial.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by

Fax or Email forthwith.