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R/CR.MA/7378/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7378 of 2011
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NITINKUMAR
TEJENDRA PRATAPSINH RAJPUT....Applicant(s)
Versus
STATE
OF GUJARAT....Respondent(s)
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Appearance:
MR
HARDIK A DAVE as ADVOCATE for the Applicant(s) No. 1
MR
JK SHAH APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 06/06/2011
ORAL
ORDER
Rule. Learned APP,
Mr.J.K.Shah, waives service of notice of rule on behalf of State.
This is an
application under Section 439 of Criminal Procedure Code praying for
regular bail in connection with offence registered with Sachin Police
Station, Surat vide C.R.No.I-9 of 2011 for the offences punishable
under Sections 302, 114 and 188 of the Indian Penal Code.
Prima-facie, it
appears that on the date of the incident, the accused-applicant in
company of other co-accused including the deceased were sitting
together having liquor. All of a sudden a quarrel took place between
the deceased and co-accused who is said to have inflicted blows on
the body of the deceased. Altercation was on a issue that who was
earning more. It is a case of the prosecution that at relevant point
of time, present applicant caught hold of the deceased and co-accused
inflicted knife blow on the body of the deceased.
In this background
of prosecution case, following aspects are taken into consideration.
Investigation is
over. Charge-sheet is filed.
Accused is a young
boy aged about 21 years old.
Role attributed
to the accused is that of catching hold of the deceased. Most
importantly, the incident occurred at a spur of moment. It was not a
pre-meditated or pre-planed act.
Considering
the nature of offence and the role attributed, I am persuaded to
exercise my discretion in favour of the accused-applicant. Under the
circumstances, accused-applicant is ordered to be enlarged on regular
bail in connection with offence registered with
Sachin Police Station, Surat vide C.R.No.I-9 of 2011 on
his executing a bond in the sum of Rs.15,000/- (Rupees fifteen
thousand only) with one surety of the like amount to the satisfaction
of the lower Court and subject to the conditions that he shall:
not take undue
advantage of his liberty or abuse his liberty;
not act in a
manner injurious to the interest of the prosecution;
maintain law and
order;
mark his presence
before the concerned Police Station for every 15 days between 10:00
am to 2:00 pm till trial commences;
not leave the
State of Gujarat without prior permission of the Sessions Court
concerned;
furnish the
address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
surrender his
passport, if any, to the Lower Court immediately.
It goes without
saying that any observations touching the merits of the case is
purely for the purpose of deciding the question of grant of bail and
shall not be construed as an expression of the final opinion in the
main matter.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail before the
Lower Court having jurisdiction to try the case.
Rule is made
absolute. Application is disposed of accordingly. Direct service is
permitted.
(J.B.PARDIWALA,
J.)
(ashish)
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