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CR.MA/8579/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8579 of 2011
=========================================================
MUKESHBHAI
DALSANGBHAI CHAUDHARI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PJ YAGNIK for
Applicant(s) : 1,MR J G PANCHAL for Applicant(s) : 1,
MR KL PANDYA
APP for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 21/10/2011
ORAL
ORDER
1.0 Heard
Mr.P. J. Yagnik, learned advocate for the applicant and Mr.Pandya,
learned APP for the respondent-State.
2.0 This
application is successive bail application seeking regular bail under
section 439 of the Code of Criminal Procedure, 1973 in connection
with FIR registered with Mansa Police Station, Dist Gandhinagar
bearing I-CR No.28 of 2011 for the offence punishable under sections
302, 364, 120(b) 34 of I.P.C. and under Section 135 of Bombay Police
Act.
3.0 Mr.Yagnik
, learned advocate for the applicant has submitted that any offence
involving or implicating the applicant under section 302 of IPC is
not made out. He also submitted that according to the allegations
contained in charge sheet the applicant had left the place after he
came along with the deceased. Furthermore, according to the
submission made by learned advocate for the applicant, the
co-accused, against whom serious allegations directly involving him
in the offence of causing death of deceased are made, has been
released by the Court (Coram: Anant S. Dave, J.) vide order dated
23.09.2011 passed in Criminal Misc. Application No.12531 of 2011 and
that, therefore, on the ground of parity also applicant may also be
released on bail since the allegation against the present applicant
are not as direct as in case of the person which has been released on
bail as stated earlier. He also submitted that investigation is over
and charge sheet has been filed and considering the fact that no
direction allegation against the present applicant is made, applicant
may be enlarged on bail.
4.0 The
application is opposed by Mr.Pandya, learned APP, who has submitted
that this is successive bail application and therefore it may not be
entertained. He also submitted that looking to the gravity of
offence, role played by the applicant is very serious and therefore
plea of parity may not be accepted and the applicant may not be
released on bail and the application deserves to be rejected.
5.0
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, charge sheet is
filed, investigation is over, and since the co-accused has already
been released on bail vide order dated dated 23.09.2011 passed in
Criminal Misc. Application No.12531 of 2011, this application is
allowed and the applicant is directed to be released on regular bail.
6.0 Hence,
this application is allowed. It is directed that the present
applicant in connection with I-CR No.28 of 2011 registered with Mansa
Police Station, Dist Gandhinagar be released on bail, in respect of
the offences alleged against him in this application, on his
executing and furnishing a bond of Rs.20,000/- (Rupees: Twenty
Thousand Only) with two solvent sureties 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 concerned Police Station on every first and
fifteenth day of every month, between 11.00 a.m. to 3.00
p.m.;
(h) not
to enter district Gandhinagar till the trial is without prior
permission of the Sessions Court, but for making 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 Gandhinagar district immediately after the
case is adjourned;
7.0 The
authorities will release the applicant only if he is not required in
any other offence for the time being.
8.0 If
breach of any of the above condition is committed the Sessions Judge
concerned will be free to issue warrant or take any appropriate
action in the matter.
9.0 Bail-bond
before the lower Court having jurisdiction to try the case.
10.0 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.
11.0 Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[K.
M. THAKER, J.]
Amit
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