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CR.MA/14119/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14119 of 2010
======================================
URVESH
KADVABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
BM MANGUKIYA for Applicant
Mr.
Kartik Pandya, APP, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/12/2010
ORAL
ORDER
Rule.
Learned APP waives service of Rule.
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-167 of 2010 with Kapodra police station, Surat City, for the
offences punishable under Sections 302, 364, 365, 201, 114, 118 and
120B of the Indian Penal Code.
Heard
learned counsel for the parties and perused the record and the charge
sheet filed in the case.
The
learned counsel for the applicant submits that the case of the
prosecution if taken as it is, it is alleged that three persons were
assaulting the deceased and the statement of one Sagar Vajaiya
recorded on 27th June 2010 stated about two persons
assaulting the deceased Devraj and they were Ashok alias Chino and
Vinod Goyani and not the applicant. No overt act is attributed to the
applicant herein. The statement of Nagji Vaghasiya who alleged to
have stated that the applicant made confessional statement about
assaulting the deceased and the version of the watchman about
borrowing stick by the applicant to commit the crime are
unbelievable. Investigation is over and charge sheet is filed. He,
therefore, submits that, considering the role attributed to the
applicant, 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. The learned APP would
submit that there are two statements which reveal that the deceased
Devraj was found in Honda CRV with swollen hand and the applicant
was instructed to take him to the hospital. The above version,
coupled with recovery of blood from the office of the applicant,
would, according to the learned APP, implicate the applicant with the
crime and, therefore, the applicant may not be enlarged on bail.
The
statement of the watchman reveals about borrowing stick in the
context of nature of injuries as available and the statement of Ram
Nagjibhai Vaghasiya on 25.6.2010, reveals about the condition of
Devraj with swollen hand and, on the basis of such statements, the
applicant cannot be kept behind the bars when the trial is likely to
take considerable long time. In the facts and circumstances of the
case and considering the nature of allegations and role attributed
to the applicant, 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 applicant 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 applicant is ordered to be released on bail in connection
with first information report registered at C.R.No.I-167 of 2010 with
Kapodra police station, Surat City, on his executing a bond of
Rs.5,000/- (Rupees five thousand only) with one surety of the like
amount to the satisfaction of the trial court and subject to the
conditions that he shall
i. not
take undue advantage of his liberty or misuse his liberty;
not act in a manner injuries to
the interest of the prosecution;
surrender his passport, if any, to
the lower court within a week;
not leave the State of Gujarat
without prior permission of the Sessions Judge concerned;
mark his presence at the concerned
police station on the first Sunday of every month between 10 a.m.
And 3 p.m for three months only;
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 the residence without
prior permission of this Court;
The
Authorities will release the applicant only if he is 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 applicant on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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