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CR.MA/316/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 316 of 2011
=========================================================
JAYTUBHAI
BHIMBHAI KHACHAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRYJPATEL
for
Applicant(s) : 1,
MR HL JANI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 28/01/2011
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 for regular bail by the applicant who came to be arrested in
connection with CR No. I-22 of 2010 registered with Ranpur police
station, for the offence punishable under Sections 143, 147, 148,
149, 302 and 504 of Indian Penal Code.
Learned
advocate Mr. Y.J. Patel for the applicant submitted that the
applicant has not given a blow on the vital part of the body of the
deceased, but he has given a blow on the left wrist of the deceased.
Save and except the aforesaid overt act, no other act is committed by
the applicant. Learned advocate placed reliance on the order dated
15.10.2010, passed by the coordinate bench of this Court in Criminal
Misc. Application No. 11061 of 2010, order dated 29.11.2010 passed in
Criminal Misc. Application No. 12430 of 2010 and the order dated
30.12.2010 passed by this Court in Criminal Misc. Application No.
14718 of 2010 and submitted that even on the ground of parity, the
applicant deserves to be enlarged on bail.
Learned
APP Mr. H.L. Jani, representing the opponent State, while opposing
the bail application, submitted that considering the role attributed
to the applicant which is reflected in the FIR at Annexure:A to the
application and the manner in which the offence is committed by the
applicant, no discretionary relief be granted to the applicant and
the application may be dismissed.
I
have heard the learned advocates of both the sides at length and in
great detail. Considering the rival submissions and on perusal of the
averments made in the application, role attributed to the applicant
which is reflected in the FIR at Annexure:A to the application, and
further considering the fact that other accused were granted bail by
coordinate bench of this Court vide order dated 15.10.2010 passed in
Criminal Misc. Application No. 11061 of 2010, order dated 29.11.2010
passed in Criminal Misc. Application No. 12430 of 2010 and the order
dated 30.12.2010 passed by this Court in Criminal Misc. Application
No. 14718 of 2010, I am of the view that the applicant deserves to be
enlarged on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on
bail in connection with CR No. I-22 of 2010 registered
at Ranpur Police Station on executing a bond of
Rs.10,000/- [Rupees ten thousand only] with one 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
act in a manner injurious to the interest of the prosecution;
[c] surrender
his 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
his presence at the concerned Police Station on any day of first week
of every English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f] furnish
the present 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 his
residence without prior permission of this Court;
[g] maintain
law and order.
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.
Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
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.
Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.ANTANI,
J.)
pirzada/-
ANI,
J.)
pirzada/-
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