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CR.MA/5631/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5631 of 2010
=========================================================
SHIVKUBHAI
VALKUBHAI KHACHAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PP MAJMUDAR for
Applicant(s) : 1,
MS MINI NIAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/07/2010
ORAL
ORDER
The
present application is filed by the applicant under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging him on regular
bail in connection with the offence being CR No. I – 10 of 2010
registered with Bhadla Police Station, Rajkot (Rural), for the
offence u/s. 302, 147, 148, 149, 120B of I.P. Code, Section 25(1)(a)
of the Arms Act and Section 135 of the Bombay Police Act.
Heard
learned Advocate for the applicant and learned A.P.P. for the
respondent. Mr. Advocate for the applicant has contended that there
is no evidence against the applicant regarding individual
participation and he has not committed any overt act and even as per
the prosecution case the applicant has not given any blow to the
deceased. I have also perused the papers produced before me. Learned
APP has vehemently opposed this application and contended that the
present applicant is one of the conspirator and informant of other
accused. However, both the parties do not press for any reasoned
order.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses,
gravity of the offence and quantum of punishment, I am inclined to
grant bail to the applicant.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I – 10 of 2009
registered with Bhadla Police Station, Rajkot (Rural), for the
offences alleged against him in this application on executing a Bond
of Rs.10,000/- (Rupees ten thousand only) with one solvent 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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) furnish
the 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;
h) surrender
his passport, if any, to the lower Court within a week.
i) shall
mark his presence before the concerned Police Station on 1st
day of every English calender month till the trial against him is
completed.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge 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.)
sas
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