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CR.MA/5727/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5727 of 2011
=========================================================
SALIM
JASAM MANEK MUSLIM - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
SUBHADRA G PATEL for
Applicant(s) : 1,
MR LB DABHI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 02/05/2011
ORAL
ORDER
1.
Rule. Mr.Dabhi learned APP waives service of notice of rule
for respondent-State.
2. This
application seeking regular bail under Section 439 of the Code of
Criminal Procedure, 1973 has been preferred by applicant in
connection with the offence registered with Pradyumannagar Police
Station, Dist: Rajkot bearing CR No.I-342 of 2010 for the
offence punishable under Sections 307, 147, 148, 149, 323, 504, 188,
143 and 304 of the Indian Penal Code.
3.
Heard learned counsel for both the sides. Ms.Subhadra Patel, learned
advocate for the applicant, inter alia, submitted that the applicant
has been falsely involved in this case. She further submitted that
all the injured persons including the complainant are released from
the hospital after short treatment of two or three days upon full
recovery. She submitted that there is no serious injury sustained by
the accused. She further stated that against the petitioner, there
are no criminal antecedents.
4. On
the other hand, Mr.Dabhi, learned APP, has opposed the submission of
the applicant on the ground that the applicant has committed serious
offence and the incident is not in dispute. He has requested that
present application may not be entertained.
5. Having
heard the learned counsel for both the sides and considering the
facts and circumstances of the case as well as the documents and
other material produced on record of this case, the gravity of the
offence, the quantum of punishment, the allegations against the
applicant, the manner in which the applicant is allegedly involved in
the case as per the allegation of the prosecution, coupled with the
fact that the investigation is over and charge-sheet is filed and it
has come out from the submission that the co-accused persons have
been released by order dated 29.04.2011 in Criminal Misc. Application
No.5133 of 2011 and also the fact that there is no antecedent of
present applicant, the prosecution has not voiced any grievance or
expressed any apprehension that he is likely to flee from justice, if
the applicant is released on bail, I am inclined to allow this
application and release the applicant.
6.
Hence,
this application is allowed and it is directed that in the event of
the arrest of the abovenamed applicant in connection with CR No.I-342
of 2010 registered with Pradyumannagar Police Station, District
Rajkot, he shall be released on bail, in respect of the offences
alleged against him in this application, on his executing and
furnishing a bond of Rs.5,000/- (Rupees: Five Thousand Only) with one
solvent surety of like amount, by the concerned Police Officer, and
on condition that he shall:-
(a)
not take undue advantage of or abuse the liberty.
(b)
not act in manner injurious to the interest of the prosecution.
(c)
maintain law and order.
(d)
not leave the State of Gujarat without prior permission of the
Sessions Court concerned.
(e)
furnish the address of his residence at the time of execution of bond
and shall not change the residence without prior permission of the
Sessions Court/this Court.
(f)
surrender his passport, if any, to the lower court within 4 days from
the date of this order.
(g)
mark his presence at the Pradyumannagar
Police Station,
Dist: Rajkot
initially
on 6th
May, 2011 and
thereafter on every first day of every month,
between
11.00 a.m. to 3.00 p.m.
(h)
not enter the revenue limit of Rajkot District till the trial is over
without prior permission of the Sessions Court, but for marking his
presence and attending the Court in connection with this case the
applicant will be free to enter the limits for a period to the extent
necessary and will leave the limits of Rajkot District immediately
after the case is adjourned.
(i)
not enter the area of Pradyumannagar Police Station till the framing
of charge.
7. The
authorities will release the applicant only if he is not required in
any other offence for the time being.
8. If
breach of any of the above conditions is committed the Sessions Judge
concerned will be free to issue warrant or take any appropriate
action in the matter.
9. Bail-bond
before the lower Court having jurisdiction to try the case.
10. At
the trial, the trial Court shall not be influenced by the
observations, which are purely prima facie, tentative and preliminary
nature and have been made only for the purpose of examining prayer
for bail pending the trial. The Court shall arrive at its own
conclusion independently on the basis of the evidence and other
aspects of the case.
11. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(K.M.
Thaker, J.)
rakesh/
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