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CR.MA/7678/2010 1/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7678 of 2010
=========================================
BUTABHAI
DHARAMSIBHAI KOLI PATEL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
BA SURTI for Applicant(s) : 1 - 3.
MR AJ DESAI, ADDL.PUBLIC
PROSECUTOR for Respondent(s) : 1,
MR PRATIK B BAROT for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 21/09/2010
ORAL
ORDER
1. Rule.
Shri A.J.Desai, learned Additional Public Prosecutor, waives service
of Rule on behalf of respondent State. By consent, Rule is fixed
forthwith.
2. The
applicants original accused, who have been arrested in connection
with CR-I-No. 69 of 2010 registered with Bavla Police Station for the
offences punishable under Sections 363,366,376 and 114 of the Indian
Penal Code have moved this Court under Section 439 of the Code of
Criminal Procedure for seeking bail pending trial.
3. The
accused moved the application being Criminal Misc. Application No.
896 of 2010 before the concerned Sessions Court, which came to be
rejected on 7.7.2010.
4. Learned
advocate Mr. Pratik Barot, who was permitted to appear and assist the
Court on behalf of the complainant, submits that the complaint has no
objection if the accused are enlarged on bail.
5. Shri
Surti, learned advocate for the applicants, submits that the main
accused has not approached the Court and applicant No.1 and applicant
No.2 happens to be father and cousin respectively of the main
accused.
6. This
Court has considered the overall facts and circumstances as well as
the fact that even the complainant has not objected to applicants
being released on bail on appropriate terms and conditions.
7. This
Court is of the view that the applicants deserve to be admitted to
bail on appropriate terms and conditions for the following reasons,
as the chargesheet has already been filed and investigation is over.
(i) Prima-facie,
no specific roll attributable to present applicants emerge.
(ii) Looking
to the averments and nature of evidence and roll of the applicants,
they deserve to be enlarged on bail pending trial.
(iii) The
chargesheet is filed and investigation is over and therefore, there
is remote possibility of applicants influencing the witnesses or
tampering with the evidences.
(iv) The
applicants have their wherewithal at their ordinary place of
residence and therefore, there is no likelihood of they fleeing from
justice and their presence could be procured at the time of trial.
(v) The
prosecution has not voiced any grievance or expressed any
apprehension that they are likely to flee from justice, if the
applicants are released on bail.
(vi) The
prosecution has also not expressed any grievance or apprehension that
they are capable of tempering with evidences or influencing the
witnesses, if the applicants are released on bail.
(vii) The
Sessions Court has not appreciated these aspects and therefore, the
said order deserves to be quashed and set aside and accordingly, it
is quashed and set aside.
8. The
aforesaid observations are made only for the purpose of examining the
prayer for bail pending trial. These observations are prima-facie and
shall have no bearing whatsoever upon the trial and the trial Court
shall not be influenced by it in any way and come to its own
conclusion after analyzing the evidence that may be led during the
trial.
9. Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with CR-I-No. 69 of 2010 registered with Bavla Police Station on
each of them executing a bond of Rs.5,000/- (Rupees Five Thousand
only) each with one surety each of the like amount to the
satisfaction of the lower 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) maintain
law and order;
(d) mark
their presence before concerned Police Station on every 15th
day of each English calendar month between 9.00 a.m. to 2.00 p.m
for a period of six months.
(e) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(f) furnish
the address of their residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
(g) surrender
their passport, if any, to the Lower Court within a week.
10. 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.
11. Bail
before the lower Court having jurisdiction to try the case.
12. Rule
is made absolute. Direct Service is permitted.
(S.R.
Brahmbhatt, J. )
sudhir
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