Gujarat High Court Case Information System
Print
CR.MA/2970/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2970 of 2010
=========================================================
THAKOR
SARTANJI RAYAJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SATYAM Y CHHAYA for
Applicant(s) : 1,
MR
DIVYESH SEJPAL APP
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 07/04/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicant, who has been arrested in
connection with F.I.R. registered as C.R.No.I-10 of 2010 with Harij
Police Station, Patan for the offence punishable under Sections 147,
148, 149, 307, 323, 506(2) and 427 of the Indian Penal Code and
Sections 3(1)(10) and 3(2)(5) of the Atrocity Act.
2. I have considered the
rival submissions canvassed by learned counsel of both the sides and
the role attributed to the applicant which is reflected in the F.I.R.
at Annexure A to the application. The applicant was armed with
dhariya and he has never given blow to the injured. Considering the
aforesaid aspect and as the applicant has not played any overt act in
the alleged commission of offence, I am of the view that the
applicant deserves to be enlarged on bail.
3. In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with
C.R.No.I-10 of 2010 registered with Harij Police Station, Patan on
executing a bond of Rs.10,000/- [Rupees ten thousand only] with one
surety of the like amount to the satisfaction of the Trial Court and
subject to the conditions that he shall:
[a] not take undue
advantage of his liberty or abuse his liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] surrender his
passport, if any, to the lower Court within a week;
[d] not leave the State
of Gujarat without the prior permission of the Sessions court
concerned;
[e] mark his presence at
the concerned Police Station on any day of first week of every
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;
[f] 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 his residence
without prior permission of this Court;
[g] maintain law and
order.
4. If breach of any of
the above conditions is committed, the Sessions Judge concerned will
be free to issue warrant or to take appropriate action in the matter.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.
ANTANI, J.)
Hitesh
Top