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CR.MA/9537/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9537 of 2011
=========================================================
JAYESHBHAI
LAKHMANBHAI KUVARIYA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
BENAZIR M HAKIM for
Applicant(s) : 1 - 2.MR MA SAIYAD for Applicant(s) : 1 - 2.
Ms.
Manisha L. Shah, APP, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date :
03/08/2011 ORAL ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-165 of 2010 with Morbi City police station for the offences
punishable under Sections 147, 148, 149, 302, 504, and 323 of the
Indian Penal Code and Section 135 of the Bombay Police Act.
Learned
counsel for the applicants submits that the applicants are original
accused No.3 and 2 and the allegations are of inflicting bat and
stick blows on the deceased in a scuffle admittedly took place later
in point of time when applicant No.2 was seriously injured by a knife
blow inflicted by one Jayesh as per the cross complaint being C.R.
No.166 of 2010 filed by the applicant No.2 herein. Investigation is
over and charge sheet is filed. He, therefore, submits that this
application for bail may kindly be considered.
The
learned Additional Public Prosecutor has opposed grant of bail
looking to the nature and gravity of offence.
In
the facts and circumstances of the case and considering the role
attributed to the applicants, usage of stick and injuries as
reflected in the post-mortem report, without discussing the evidence
in detail, prima facie, this Court is of the opinion that this is a
fit case to exercise the discretion to enlarge the applicants on
bail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with first information report registered at C.R.No.I-165 of 2010
with Morbi City police station on their executing a bond of
Rs.5,000/- (Rupees five thousand only) each with one surety of the
like amount to the satisfaction of the trial court and subject to the
conditions that they shall
i. not take undue
advantage of their liberty or misuse their liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
their passports, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
their presence at the concerned police station on the first Sunday
of every month between 10 a.m. And 3 p.m for six months only.
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 the
residence without prior permission of this Court;
The
Authorities will release the applicants only if they are not required
in connection with any other offence for the time being. If breach of
any of the above conditions is committed, the Sessions Judge
concerned will be free to issue warrant or 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
applicants on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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