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CR.MA/1111120/2008 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11111 of 2008
=========================================================
HARGOVINDBHAI
MATHURBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PR ABICHANDANI for Applicant(s) : 1,
MR HL
JANI, APP for Respondent(s) : 1,
MR
HARDIK DAVE for Original Complainant,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 01/09/2008
ORAL
ORDER
1. RULE.
Mr HL Jani, learned Additional Public Prosecutor waives service of
Rule on behalf of the State. In the facts and circumstances of the
case and by consent of both the sides, this matter is taken up for
hearing today.
2. This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No. I 73 of 2008 registered with Kapadvanj Police Station for the
offences punishable under Sections 147, 148, 149, 307, 395, 323 of
IPC and Section 25(1)(C) of the Arms Act.
3. Mr
PR Abichandani, learned advocate for the petitioner submitted that
considering the role attributed to the present petitioner, he was not
directly involved in the commission of offences punishable under
Sections 147, 148, 149, 307, 395, 323 of IPC and Section 25(1)(c) of
the Arms Act. The petitioner is aged about 75 years and therefore,
no useful purpose would be served by keeping him behind the bar.
Thus, the learned advocate for the petitioner submitted that
considering the aforesaid facts and circumstances of the case, the
petitioner may be enlarged on regular bail.
4. Mr
HL Jani, learned Additional Public Prosecutor representing the State
submitted that considering the role played by the petitioner and the
manner in which he instigated the other accused persons to commit the
offences punishable under Sections 147, 148, 149, 307, 395, 323 of
IPC and Section 25(1)(c) of the Arms Act, no discretionary relief may
be granted to the petitioner and the petition does not call for any
interference and it is liable to be dismissed.
5. Mr
Hardik Dave, learned advocate for the original complainant submitted
that the petitioner is an influential person and taking into account
the role attributed to the petitioner which is reflected in the FIR
at Annexure-A to the petition, no interference is called for in the
application preferred by the petitioner and the petition deserves to
be dismissed.
6. Considering
the rival submissions and on perusal of the averments made in the
petition as well as FIR at Annexure-A to the petition, the petitioner
along with other accused persons is booked for the offences
punishable under Sections 147, 148, 149, 307, 395, 323 of the IPC and
Section 25(1)(c) of the Arms Act. I have also perused the statements
of Balrambhai and Chandreshbhai Jadavji, which have been relied upon
by the learned Additional Public Prosecutor. Considering the role
attributed to the petitioner and the manner in which the alleged
offences are committed by the petitioner, prima facie, I am inclined
to exercise my discretion in favour of the petitioner, without
entering into merits of the case or discussing the evidence in
detail.
7. In
the facts and circumstances of the case, the petition is allowed and
the petitioner is ordered to be enlarged on bail in connection with
CR No. I 73 of 2008 registered at Kapadvanj Police Station 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
enter in the territorial limits of Kheda District, except for the
purpose of attending Court proceedings and marking presence at the
concerned police station, till the trial is over;
[e] not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[f] mark
his presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[g] 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;
[h] maintain
law and order.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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 petitioner on bail.
10. It
would be open for the petitioner to make necessary application before
the learned District and Sessions Judge, if the petitioner is
required to attend urgent meeting in Kheda District.
10. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[H.B.
Antani, J.]
mrpandya*
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