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CR.MA/12283/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12283 of 2010
=========================================================
GANDAJI
KANAJI THAKOR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BS BRAHMBHATT for
Applicant(s) : 1 - 2.
MR RC KODEKAR Ld. APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/10/2010
ORAL
ORDER
1. Rule.
Mr RC Kodekar learned APP waives service of rule on behalf of the
State.
2. The
applicants have filed this application under sec. 439 of CrPC to
release them on regular bail in connection with CR No. I-70/2010
registered with Dehgam Police Station for the offence under sec. 123,
147, 148, 149, 302, 504, 506(2), 507, 323 and 120(b) of IPC and sec.
135 of the Bombay Police Act.
3. Heard
Mr. BS Brahmbhatt learned advocate for the applicants and Mr RC
Kodekar learned APP for the respondent-State.
4. Mr
Brahmbhatt learned advocate for the applicants has contended that the
present applicants are innocent persons and there is no past
antecedent. He has further contended that there is no discovery from
the present applicants. He has also contended that both the
applicants are not lashed with any weapon. Mr Brahmbhatt has read the
complaint and argued that no role is established against the
applicants. He further contended that kicks and feast blows are not
given by the present applicants, yet the police has wrongly booked
them in this case.
5. As
against this, learned APP Mr RC Kodekar has contended that from the
papers, the role of the present applicants is clearly established and
looking to the common object, the applicants are members of unlawful
assembly is established beyond reasonabl doubt. Mr. Kodekar has
strongly opposed this application and contended that this application
requires to be dismissed.
6. I
have heard the learned advocates for the parties and perused the
papers. It appears that the role of the present applicants is
established as a members of unlawful assembly. Even the overt act of
the applicants and conduct is also prima-facie established on record
and they are involved in serious offence and no case is made out by
the applicants to release them on bail. Hence, this application is
dismissed. Rule is discharged.
(Z.K.
SAIYED, J)
mandora/
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