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CR.MA/1183/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1183 of
2010
=========================================
KALAJI
BHAJIBHAI BARIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
VA MANSURI for
Applicant(s) : 1,
MS. MANISHA L. SHAH, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/02/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant for regular bail, who has been
arrested, in connection with F.I.R. registered as C.R. No. I-0074 of
2009 with Bayad Police Station for the offence punishable under
Sections 143, 147, 148, 149, 504, 506(2), 323, 326, 302, 427 and 337
of the Indian Penal Code and Sections 135 of the Bombay Police Act.
2. Learned
advocate for the applicant submitted that the applicant is an
innocent person and false case is foisted on him punishable under
Sections 143, 147, 148, 149, 504, 506(2), 323, 326, 302, 427 and 337
of the Indian Penal Code and Sections 135 of the Bombay Police Act.
Learned advocate submitted that considering the role attributed to
the applicant which can be seen from the F.I.R. at Annexure-A to the
application, the applicant deserves to be enlarged on bail.
3. Learned
A.P.P. Ms. Manisha L. Shah, representing the State, while opposing
the bail application, submitted that the applicant is involved in a
serious offence punishable under Sections 143, 147, 148, 149, 504,
506(2), 323, 326, 302, 427 and 337 of the Indian Penal Code and
Sections 135 of the Bombay Police Act. Considering the role
attributed to the applicant and the manner in which the offence is
committed by him along with other accused, no discretionary relief be
granted to the applicant and the application deserves to be
dismissed.
4. I
have heard learned advocate Mr. V.A. Mansuri appearing for the
applicant and learned A.P.P. Ms. Manisha L. Shah appearing for the
State at length and in great detail. I have considered the rival
submissions, averments made in the application, role attributed to
the applicant which is reflected in F.I.R. at Annexure-A to the
application, provisions of Sections 143, 147, 148, 149, 504, 506(2),
323, 326, 302, 427 and 337 of the Indian Penal Code and Sections 135
of the Bombay Police Act, quantum of punishment etc. as well as the
fact that the applicant is not the main culprit and he has only
pelted stones. Save and except the aforesaid role no other overt act
is alleged against the applicant. Considering the same, I am of the
view that the applicant deserves to be enlarged 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-0074 of 2009 registered at Bayad Police Station, on
executing a bond of Rs. 20,000/- (Rupees twenty 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
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) mark
his presence twice in a month at the concerned Police Station on
1st and 15th of English calendar month between
9.00 AM and 2.00 PM. till the trial is over;
(f) 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;
(g) 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 today is
permitted.
(H.B.ANTANI,J.)
Shekhar
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