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CR.MA/11118/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11118 of 2010
======================================
VIJAYBHAI
HAJABHAI CHHATRODIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR ASHISH M DAGLI for
Applicant(s) : 1,
MR SHIVANG SHUKLA APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 28/09/2010
ORAL ORDER
The
present application has been filed by the applicant-accused for
grant of regular bail under section 439 of Criminal Procedure Code,
1973, after the charge sheet is filed.
The
applicant-accused is charged with having committed offences
under sections 498A, 306 and 114 of Indian Penal Code, for which,
FIR has been lodged being I-C.R.No.45/2010 at Talala Police Station.
Learned
advocate Mr.Ashish Dagli for the applicant referred to the First
Information Report and other papers and submitted that considering
the nature of offence and the role attributed, present application
may be allowed as the charge sheet has been filed.
Mr.Shivang
Shukla, learned Additional Public Prosecutor resisted the
application and submitted that the conduct is required to be
considered which is reflected in statements of witnesses that no
attempt was made to give immediate treatment and they were sitting
outside.
In
view of rival submissions, it is required to be considered whether
the present application can be entertained or not.
It
is well accepted that this Court is not required to appreciate and
scrutinized evidence in detail at this stage. However, for
considering prima facie case,
relevant aspects like nature of offence, role attributed to the
applicant, are required to be considered. Therefore, without any
further elaboration, considering prima facie
case, statements suggested the involvement of accused, however, as
now charge sheet has been filed, present application deserves to
be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.45/2010 at
Talala Police Station on his executing a bond of Rs.5,000/- (Rupees
Five Thousand Only) with one solvent surety of the like amount to
the satisfaction of the lower Court and subject to the conditions
that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM, till
trial commences;
(f) furnish
the 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
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
[RAJESH
H.SHUKLA, J.]
Amit
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