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CR.MA/14095/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14095 of 2010
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VIJAY
BHIKHABHAI JADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR PRAVIN
GONDALIYA for M/S S G ASSOCIATES for
Applicant(s) : 1,
MRS KRINA P CALLA APP for Respondent(s) : 1,
MR SV RAJU Senior
Advocate for M/S SV RAJU ASSOCIATES for
Complainant
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/12/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 19/2010 with Limdi Police Station, for the offences
punishable under Sections 302, 324, 325, 326, 504, 143, 147, 148,
149, 120B etc. of the Indian Penal Code and sections 25(1)B, (a) of
the Arms Act.
Learned
counsel appearing for the applicant submits that charge sheet is
filed. Learned counsel further submits that the affidavit filed by
I.O. before the lower court reveals that the applicant herein had
inflicted blow of baseball upon the injured and not on the deceased.
It is further submitted that the complainant side was aggressive
and earlier on 05.02.2010 when the alleged incident took place, FIR
was filed by Narendra Singh on the side of the applicant herein.
Learned counsel has also relied on the incident which took place on
04.02.20109. Learned counsel further submits that one Vikram
against whom allegation of inflicting a sword blow was enlarged on
bail by the co-ordinate Bench of this Court, the applicant may be
enlarged on bail.
Mrs
Krina P Calla, learned APP and Mr SV Raju, learned Senior Advocate
appearing for the complainant would submit that considering the
multiple injuries on the body of the deceased and serious injuries
on the body of the complainant and the fact that the applicant
herein was a member of unlawful assembly and other eye witnesses
have revealed role of the applicant herein in a serious crime under
section 302 of the IPC, the petitioner may not be enlarged on bail.
Heard
learned counsel for the parties and perused the record of the case.
Considering the facts and circumstances of the case, at this stage,
it is not necessary to appreciate or scrutinize the evidence in
detail but considering the prima facie case about aggression on the
side of the complainant and threatening the applicant not to open
shop and other attending circumstances, what is alleged against the
applicant is of inflicting blow with a baseball on the injured and
not on the deceased. Besides nature of injuries on the body of the
deceased and the injured complainant will be subject matter of
evidence at the trial and one of the co-accused – Vikramsinh
Jorubha Jadeja is enlarged by co-ordinating Bench of this Court
vide order dated 12.10.2010 in Criminal Misc. Application No.11790
of 2010, I am inclined to enlarge the applicant on bail.
Learned
counsel for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at C.R. No.I 19/2010
registered with Limdi Police Station on executing a bond of
Rs.5,000/- (Rupees Five thousand only) with one surety of the like
amount to the satisfaction of the trial Court and subject to the
conditions that he shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
furnish
the present address of his residence to the I.O. 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;
for
3 months the applicant shall not enter into the limits of Limbdi
Police Station;
The
Authorities will release the applicant only if 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.
Bail
bond to be executed before the lower court having jurisdiction to
try the case.
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 applicant on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
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