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CR.MA/1355/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1355 of 2010
=========================================================
CHOTHABHAI
RUPABHAI DEVIPUJAK & 5 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHOK YAGNIK for
Applicant(s) : 1 - 6
MR HL JANI ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 08/03/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicants who came to be arrested
in connection with I-C.R.No.75 of 2009 registered at Savarkundla
Town Police Station, Dist.Amreli for the offences punishable under
sections 147, 148, 149, 326, 324, 323, 504 and 506(2) of Indian
Penal Code as well as section 135 of the Bombay Police Act.
The
learned advocate Mr.Ashok Yagnik for the applicant submitted that
applicants are completely innocent and false case has been foisted
on them. The applicants have not committed the alleged offence as
mentioned in First Information Report. Considering the role
attributed to each of the applicants, they deserve to be enlarged on
bail.
Learned
APP Mr.H.L.Jani representing State while opposing the bail
application submitted that applicants are involved in the offence
punishable under sections 147, 148, 149, 326, 324, 323, 504 and
506(2) of Indian Penal Code as well as section 135 of the Bombay
Police Act. Considering the role attributed to the applicants and
the manner in which they have assaulted the injured, no
discretionary relief be granted to the applicants and application
deserves to be dismissed.
Having
considered the rival submissions and on perusal of the averments
made in the application, role attributed to each of the applicants
and since the injured, who sustained injuries, is already discharged
from the hospital after giving immediate treatment, I am of the view
that the applicants deserve to be enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicants
are ordered to be enlarged on regular bail in connection with 147,
148, 149, 326, 324, 323, 504 and 506(2) of Indian Penal Code as well
as section 135 of the Bombay Police Act on executing bond of
Rs.10,000/- (Rupees Ten Thousand Only) each with one each surety of
the like amount to the satisfaction of the Trial Court and subject
to the conditions that they shall,
[a]
not take undue advantage of their liberty or abuse their liberty;
[b]
not act in a manner injurious to the interest of the prosecution;
[c]
surrender their passport, if any, to the lower Court within a week;
[d]
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e]
not to enter Savarkundla taluka till the trial is over;
[e]
mark their presence at Amreli Police Station on any day of every
first week of English calender month between 9.00 AM and 2.00 PM
till the trial is over;
[f] furnish
the present address of their residence to the I.O. And also to the
Court at the time of execution of the bond and shall not change
their residence without prior permission of this Court;
[g] maintain
law and order.
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.
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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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