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CR.MA/9296/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9296 of 2010
In
CRIMINAL
MISC.APPLICATION No. 9296 of 2010
In
CRIMINAL MISC.APPLICATION No. 9296 of 2010
=========================================================
CHANDUBHAI
MADHABHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
NM KAPADIA for
Applicant(s) : 1,
MS CHETNA M SHAH, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE SERVED for Respondent(s) : 2 - 6.
MR
ASIFKHAN I PATHAN for Respondent(s) : 2 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 09/05/2011
ORAL
ORDER
1. The
applicant herein has prayed to cancel the regular bail granted by
this court to respondents vide order dated 08.07.2010 passed by the
Additional Sessions Judge, Fast Track Court No. 4, Ahmedabad (Rural),
Mirzapur in Criminal Misc. Application No. 476 of 2010.
2. The
applicant herein is the original complainant of the criminal
complaint lodged against respondents alleging that the accused in
conspiracy with each other inflicted severe blows by different
weapons upon the injured Vikrambhai. The respondents 2 to 6 filed
application for regular bail being Criminal Misc. Application No.
476/2010 before the trial court which was allowed. Being aggrieved
by the said order, the present application is preferred.
3. Mr.
Kapadia, learned advocate appearing for the applicant submitted that
initially the accused were absconding and they could be arrested only
after six to seven days of the complaint. He submitted that the
accused persons are very dangerous and their remaining outside jail
shall pose danger to the life and liberty of the complainant and
other witnesses.
4. As
a result of hearing and having perused the documents on record, it
appears that the trial court while granting bail to the accused has
gone into the evidence in detail and has come to the conclusion that
prima facie no concrete reasons are made out not to grant bail to the
accused. The trial court has observed that charge of offence under
section 307 of IPC is prima facie doubtful and therefore the trial
court has considered that instead of leaving the accused languishing
in jail till the time the trial is over, they can be set out on bail
on stringent terms and conditions. The accused do not seem to have
any antecedents and learned advocate for the applicant is not in a
position to point out if the accused have committed breach of any
conditions imposed while granting bail.
5.
In that view of the matter, this court is not inclined to cancel the
bail at this stage as no case is made out for the same.
Application is accordingly rejected.
(K.S.
JHAVERI, J.)
Divya//
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