Gujarat High Court
Arvindsinh Natvarsinh Solanki vs State Of Gujarat on 2 June, 2021
Bench: B.N. Karia
R/CR.A/525/2021 ORDER DATED: 02/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 525 of 2021
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ARVINDSINH NATVARSINH SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Appellant(s) No. 1,2,3,4
MR JK SHAH, APP for the Opponent(s)/Respondent(s) No. 1
RULE UNSERVED(68) for the Opponent(s)/Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 02/06/2021
ORAL ORDER
Mr.Mahesh Purohit, learned advocate states that he has
received instructions to appear for and on behalf of the
original complainant and he shall file his Vakalatnama before
the Registry. Registry shall accept the same.
The appellant preferred one Criminal Misc. Application
No. 245 of 2021 before the Court of learned Special Judge and
5th Additional Sessions Judge, at Godhra, Dist.: Panchmahal
u/s. 439 of the Code of Criminal Procedure, 1973 requesting to
enlarge the appellant on regular bail on account of offence
being registered vide C.R. No.11207061210144 of 2021 with
R/CR.A/525/2021 ORDER DATED: 02/06/2021
Shahera Police Station, Dist.: Panchmahal for the offence
punishable u/s. 323, 504, 506(2) and 114 of Indian Penal
Code and u/s. Section 3(1)(r), 3(1)(s) and 3(2)(va) of the of
the Scheduled Caste and Scheduled Tribe (Prevention of
Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein
learned Additional Sessions Judge, Godhra at Panchmahal
rejected the said application on 06.04.2021.
Feeling aggrieved by the said order, the appellant
preferred present appeal u/s 14A of the Atrocities Act.
Heard learned advocate for the appellant, learned
advocate for the original complainant and learned APP for the
respondentState.
Learned advocate for the appellant has submitted that
the appellant is totally innocent person and has been falsely
implicated in the offence. That the matter has already been
settled with the parties and he has no objection if the
appellant is released on bail. Hence, it was requested by
learned advocate for the appellant to quash and set aside the
impugned judgment and order passed by Additional Sessions
R/CR.A/525/2021 ORDER DATED: 02/06/2021
Judge concerned and release the appellant on bail.
Learned advocate for the respondent no.2 has submitted
that the compromise has been arrived at amicably between the
appellant and considering the gravity of the offence registered
against the appellant, respondent no.2 has no objection if the
complaint filed against present applicants is quashed. It is
further submitted that out of the Court, compromise has been
arrived at amiably between the parties and now dispute is
settled.
Learned Additional Public Prosecutor appearing on behalf
of the respondentState has opposed grant of regular bail
looking to the nature and gravity of the offence.
Having gone through the facts of the case, submissions
made by learned advocate for the appellant as well as learned
advocate for the original complainant, who has no objection if
the bail is granted in favour of the present appellant and
considering the offence of the IPC as well as Atrocities Act and
particularly the dispute is settled between the parties, prayer of
present appellant requires consideration.
R/CR.A/525/2021 ORDER DATED: 02/06/2021
Considering the nature and gravity of assertion made
against the appellant and in the facts and circumstances of the
case and considering the nature of allegations made against
the appellant in the First Information Report as well as
considering the role of present appellant in the alleged offence,
this Court is of the considered opinion that this is a fit case to
exercise the discretion in favour of present appellant by
enlarging him on regular bail and hence, the prayer sought for
by the present appellant requires consideration. Hence, this
Court is of the view that present appeal deserves consideration
In the result, present Criminal Appeal is allowed and the
impugned judgment and order dated 06.04.2021 passed by
the Court of learned Special Judge and 5th Additional Sessions
Judge, at Godhra, Dist.: Panchmahal in Criminal Misc.
Application No. 245 of 2021 is hereby quashed and set aside.
The appellant is ordered to be enlarged on regular bail in
connection with an FIR being C.R.No.11207061210144 of
2021 registered with Shahera Police Station, District:
Panchmahal on furnishing a bond of Rs. 10,000/ with one
R/CR.A/525/2021 ORDER DATED: 02/06/2021
surety of like amount to the satisfaction of the trial Court and
subject to the conditions that appellant 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] 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 this Court;
[f] not enter into the vicinity where the victim resides;
[g] not enter within the vicinity of the original
complainant for a period of three months;
The authorities will release the 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 Sessions Judge concerned will be free to issue warrant or
R/CR.A/525/2021 ORDER DATED: 02/06/2021
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
prima facie observations made by this Court in the present
order. Notice is discharged.
Registry is directed to send a copy of this order to the
concerned Jail Authority as well as learned Sessions Court
concerned through fax or email forthwith.
(B.N. KARIA, J)
rakesh*/
