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CR.MA/12149/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12149 of 2011
=========================================
GOBARBHAI
BHAVANBHAI GUDALA RATHOD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
BHUNESH C RUPERA for
Applicant(s) : 1 - 2.
MR MAULIK NANAVATI, LD. ADDL. PUBLIC
PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 08/09/2011
ORAL
ORDER
By
way of present application, filed under Section 439 of the Code of
Criminal Procedure, 1973, the applicants prayed to release
themselves on regular bail in connection with CR No.I-41 of 2011
registered with Sihor Police Station, District Bhavnagar for the
offence punishable under Sections 143, 147, 148, 149, 323, 324, 307
and 34 of the Indian Penal Code and under Section 135 of the Bombay
Police Act.
Heard
Mr.Bhunesh Upera, learned counsel for the applicants and Mr.Maulik
Nanavati, learned Additional Public Prosecutor for respondent-State.
Mr.Upera,
learned counsel for the applicants, has contended that applicants
have not committed any crime as alleged and they have been falsely
roped in by the complainant. He has also contended that prima-facie
case is not made out against the applicants. He has also contended
that the injured witness is already discharged from the hospital.
Mr.Maulik
Nanavati, learned Additional Public Prosecutor, has vehemently
opposed the present application.
In
the facts and circumstances of the case and considering the nature
of allegations and role attributed to the applicants and now the
charge-sheet is filed, without entering into the merits of the case,
prima facie, this Court is of the opinion that this is a fit case to
exercise the discretion to enlarge the applicants on bail.
Hence,
the applicants are ordered to be released on bail in connection with
CR No.I-41 of 2011 registered with Sihor Police Station, District
Bhavnagar, for the offence alleged against them in this application
on their executing a bond of Rs.10,000/- (Rupees ten thousand only)
each with one solvent 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
f) not
enter into the area of Bhavnagar district;
g) furnish
the address of their residence to the Investigating Officer 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;
h) surrender
their passport, if any, to the lower Court within a week.
If
the breach of any of the above conditions is committed, the
concerned Court will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for. Rule is made absolute.
Direct
service is permitted.
(Z.
K. Saiyed, J)
Anup
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