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CR.MA/15134/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15134 of 2010
======================================
LAKHABHAI
BHAVANBHAI BHARWAD & 5 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR TEJAS M BAROT for
Applicant(s) : 1 - 6.
MR DC SEJPAL APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.
SHUKLA
Date
: 27/12/2010
ORAL
ORDER
1.
Present
application has been filed by the applicant for grant of regular bail
under section 439 of Code of Criminal Procedure, 1973, after the
charge sheet is filed.
2.
The applicants-accused are charged with having committed offence
sections 302, 120-B, 147, 148, 149, 307, 504 and 506(2) of Indian
Penal Code, for which, F.I.R. being I-C.R.No.46 of 2010 has been
registered with Dakor Police Station.
3. Learned
advocate Mr.Tejas Barot for the applicants accused referred to the
First Information Report and submitted that there was a group clash
where two groups had quarreled resulting in the incident. However, he
submitted that the role attributed with particular weapon and the
injury is narrated in the First Information Report itself whereas
the applicants
who are alleged to have armed with sticks are said to have been
mentioned in the First Information Report with rest of the persons
assaulted with sticks. He submitted, that, therefore, other
co-accused with a similar role have been released as per order passed
in Criminal Miscellaneous Application No.10414 of 2010 vide order
dated 15.09.2010, and, therefore, present application may be allowed.
4. Learned
Additional Public Prosecutor Mr.D.C.Sejpal for State resisted the
application and submitted that though they are all alleged to have
assaulted with sticks, present application may not be entertained as
offence is punishable under section 302 of Indian Penal Code.
5. Having
heard learned advocate Mr.Tejas Barot for applicants and Mr.Sejpal,
learned APP for State and having considered the nature of offence,
manner in which it is alleged to have been committed, role attributed
particularly referring to the role attributed to other co-accused who
have assaulted with a particular weapon are not released but the
other co-accused with a similar role alleged to have armed with
sticks, have been released as per order passed in Criminal
Miscellaneous Application No.10414 of 2010 vide order dated
15.09.2010, and also considering the fact that other co-accused have
been released and the similar role attributed to the applicants
herein, present application deserves to be allowed.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with FIR being I-C.R.No.46 of
2010 registered with Dakor
Police Station on their executing bond of Rs.5,000/- (Rupees Five
Thousand) each with one solvent surety each of the like amount to the
satisfaction of the lower Court and subject to the conditions that
they shall:
(a) not
take undue advantage of their liberty or abuse their 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) mark
their presence before concerned Police Station on every 1st
Monday of English calender month between 11:00 AM to 2:00 PM till the
trial commences.
(f) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change their residence without prior permission of the Court.
(g) surrender
their passport, if any, to the lower Court, within a week.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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