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CR.MA/12472/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12472 of 2011
=========================================================
MOHANBHAI
UJABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
SAMIR J DAVE for
Applicant(s) : 1,
MR MG NANAVATI, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/09/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.158/2011 with Palanpur City Police Station for the
offences punishable under Sections 302, 307, 147, 148, 149, 447,
506(2), 323, 504 and 324 of the Indian Penal Code.
Learned
Counsel appearing for the applicant submits that the
charge-sheet is filed and the applicant is alleged to have used a
stick on the head of the deceased and also inflicted a blow on the
complainant, who survived.
Learned
Additional Public Prosecutor Mr. M.G. Nanavati would submit that the
injury on the head reflects fracture which is possible by a forceful
blow of stick, but at the same time, the other accused namely
Shankarbhai Ujabhai Patel
is attributed with inflicting a blow with a blunt substance, i.e.
‘pavda’.
Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail.
Learned
Counsels 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 as I-C.R. No.158/2011 with
Palanpur City 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;
a)
not take undue advantage of liberty or misuse 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 prior permission of the
Sessions Judge concerned;
e)
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;
f)
furnish the present 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 the residence without prior permission of this
Court;
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
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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