Gujarat High Court Case Information System
Print
CR.MA/14325/2009 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14325 of 2009
=========================================================
PRAGJIBHAI
RAVJIBHAI DABHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARSHITSTOLIA for
Applicant(s):1 MRPARTHSTOLIA for Applicant(s):1
MR UA TRIVEDI APP
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 28/01/2010
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-68 of 2009 with Ghogha
Police Station, Bhavnagar for the offence punishable under Sections
307, 325, 324, 504, 506(2) and 114 of the Indian Penal Code and
Section 135 of the Bombay Police Act.
2. Learned advocate
Mr.H.S. Tolia for the applicant, at the outset, submitted that the
scuffle took place between the two groups on 20.09.2009 wherein, the
applicant gave dhariya blow on the head of the injured. After
sustaining the injuries, the injured was admitted in the hospital on
20.09.2009 and subsequently, discharged from the hospital on
05.10.2009. Considering the said aspect and since the co-accused are
already released by this Court vide order dated 11.01.2010 passed in
Criminal Misc. Application No.14260 of 2009, the applicant deserves
to be enlarged on bail, even on the ground of parity. Thus, the
learned advocate submitted that prayer for bail, as setout in the
application, be granted.
3. Learned A.P.P.
Mr.U.A. Trivedi, representing the respondent-State, while opposing
the bail application, submitted that considering the role attributed
to the applicant which is reflected in the F.I.R. at Annexure A to
the application and the manner in which he has committed assault on
the head of the injured with dhariya, no lenient view be taken in the
matter and the application be dismissed.
4. I have heard learned
advocate Mr.H.S. Tolia for the applicant and learned A.P.P. Mr.U.A.
Trivedi for the respondent-State at length and in great detail.
Having considered the rival submissions, role attributed to the
applicant which is reflected in the F.I.R. at Annexure A to the
application, provisions of Sections 307, 325, 324, 504, 506(2) and
114 of the Indian Penal Code and Section 135 of the Bombay Police
Act, quantum of punishment, police papers and injury certificate
issued by the hospital, I am of the view that the applicant deserves
to be enlarged on bail. However, stringent terms and conditions are
required to be imposed on the applicant while releasing him on bail.
5. 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-68 of 2009 registered at Ghogha Police Station, Bhavnagar on
executing a bond of Rs.20,000/- [Rupees twenty thousand only] with
two sureties 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] not enter into the
local limits of Ghogha Taluka, Bhavnagar till the trial is over,
except for reporting and attending the court proceedings;
[d] surrender his
passport, if any, to the lower Court within a week;
[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 twice in a month i.e. on 1st
and 15th day of every 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.
6. 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.
7. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
8. 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.
9. Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
(H.B.ANTANI,
J.)
Hitesh
Top