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CR.MA/5154/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5154 of 2011
=======================================================
RAJUBHAI
MADHABHAI VEGDA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
SATYAM Y CHHAYA for Applicant(s) : 1 - 2.
MR HL JANI APP for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 12/05/2011
ORAL
ORDER
The
present application has been filed by the applicants-accused under
Section 439 of Criminal Procedure Code for regular bail, which is a
successive bail application after filing of the Criminal Misc.
Application No.11991/2010 as well as Criminal Misc. Application
No.15637/2010.
The
applicants-accused are charged with having committed offences
under Sections 302, 307, 323, 324, 427, 120(B), 34, 143, 147, 148
and 149 of the Indian Penal Code and under Sections 37(1) and 135 of
the Bombay Police Act, for which, FIR being I-C.R.No.89/2010 has
been lodged at Jetpur City Police Station, District : Rajkot
(Rural).
Learned
counsel, Mr.Chhaya for the applicants at the outset does not press
this application qua applicant-accused no.1 viz., Rajubhai Madhabhai
Vegda. Therefore, the present application is confined to applicant
no.2 viz., Manishbhai Madhabhai Vegda. Learned counsel, Mr.Chhaya
submitted that considering the role attributed and the weapon with
which the applicant no.2 is said to have been armed with and also
considering the fact that other co-accused have been released, the
present application may be allowed. For which, he has referred to
the orders passed in other matter also.
Learned
A.P.P., Mr.Jani resisted the present application. He submitted that
some of the co-accused have been released as the facts were not
clearly stated before the Sessions Court.
Having
heard learned counsel appearing for the applicants-accused and
learned A.P.P. for the State and having considered the nature of
offence, role attributed to the applicant no.2 and the fact that he
is alleged to have been armed with hockey where the other co-accused
having similar weapon or role have been released, the present
application deserves to be allowed qua the applicant no.2.
Accordingly,
present application stands allowed partly. The applicant no.2 viz.,
Manishbhai Madhabhai Vegda is ordered to be released on regular bail
in connection with I-C.R.No.89/2010 registered with Jetpur City
Police Station, District : Rajkot (Rural) on his executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of
the like amount to the satisfaction of the lower Court and subject
to the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM for a period of six
months.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute qua the applicant no.2 viz., Manieshbhai Madhabhai
Vegda. Rule is discharged qua applicant no.1 viz., Rajubhai
Madhabhai Vegda. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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