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CR.MA/14318/2009 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14318 of 2009
=========================================================
GAUTAMBHAI
GALABHAI JHALA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MM TIRMIZI for
Applicant(s) : 1 - 2.
MS. MANISHA L. SHAH, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/01/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicants for regular bail, who came to be
arrested, in connection with F.I.R. registered as C.R. No. I-94 of
2009 with Dholka Police Station, Ahmedabad Rural for the offence
punishable under Sections 306, 506 (2), 323 and 114 of the Indian
Penal Code.
2. Learned
advocate for the applicants submitted that the F.I.R. was filed after
delay of three days. He has further submitted that the incident in
question happened on 26.10.2009 and the complaint against the
applicants was filed on 29.10.2009. The applicants are nowhere
involves in the alleged commission of offence punishable under
Sections 306, 506 (2), 323 and 114 of the Indian Penal Code.
Considering the aforesaid aspects applicants deserve to be enlarged
on bail.
3. Learned
advocate placing reliance on the order dated 10.12.2009 passed by
this Court in Criminal Misc. Application No. 13475 of 2009 submitted
that the other co-accused has already been released on bail by this
Court and therefore, even on the ground of parity, applicants deserve
to be enlarged on bail.
4. Learned
A.P.P. Ms. Manisha L. Shah, representing the State, while opposing
the bail application, submitted that considering the role attributed
to the applicant which is reflected in F.I.R. at Annexure-A to the
petition and the manner in which the alleged commission of offence
was committed by them, no lenient view be taken in the matter and the
application does not call for any interference by this Court and the
same is deserves to be dismissed.
5. I
have heard learned advocate Mr. M.M. Tirmizi appearing for the
applicants and learned A.P.P. Ms. Manisha L. Shah appearing for the
State at length and in great detail. I have considered the averments
made in the application, the role attributed to the applicant which
is reflected in F.I.R. at Annexure-A to the application as well as
order dated 10.12.2009 passed by this Court, provisions of Sections
306, 506 (2), 323 and 114 of the Indian Penal Code and quantum of
punishment etc. Considering the same, I am of the view that the
applicants deserve to be enlarged on bail.
6. In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with C.R. No. I-94 of 2009 registered at Dholka Police Station,
Ahmedabad Rural on executing a bond of Rs. 10,000/- (Rupees ten
thousand only) with one surety of the each 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
act in a manner injurious to the interest of the prosecution;
(c) surrender
their passport, if any, to the lower court within a week.
(d) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) mark
their presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
(f) furnish
the present address of their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change
their residence without prior permission of this Court;
(g) maintain
law and order.
7. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.ANTANI,J.)
Shekhar
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