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CR.MA/6185/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6185 of 2010
=========================================
AMUBHAI
HARJIBHAI LAKHIYAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
MJ BUDDHBHATTI for Applicant(s) : 1,
MR AJ DESAI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/06/2010
ORAL
ORDER
In the facts
and circumstances of the case and by consent of both the sides, this
application is taken up for hearing today.
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No. I – 59 of 2010 registered with Panchkoshi B Division Police
Station, Jamnagar for the offence/s punishable under Sections 302,
504 and 506 of the Indian Penal Code.
Heard learned
advocate Mr. Buddhbhatti for the applicant and Mr. A.J. Desai,
learned Additional Public Prosecutor at length.
Mr.
Buddhbhatti, learned advocate for the applicant contended that from
the contention of the FIR and other evidence regarding medical
evidence, which is on record is showing that this is not case under
Section 302 but the case can be considered under Section 304 II.
Therefore, the complaint is falsely filed and applicant is falsely
implicated in the offence alleged. Therefore, the applicant may
kindly be enlarged on bail.
Learned APP
Mr. Desai has contended that the applicant is not entitled to release
on bail and hence, the application is required to be rejected.
I have also
perused the averments made in the application as well as the FIR
produced on the record. During the haring of this application, this
Court has observed that whether this offence is within the purview of
the Section 302 or 304 II of Indian Penal Code. Considering the
above, I am of the view that the applicant is required to be enlarged
on regular bail at this stage, without discussing the evidence in
detail.
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 – 59 of 2010 registered at Panchkoshi B Division Police Station,
Jamangar, 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 15th day 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 petitioner on bail.
Rule is made
absolute to the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED,
J.)
ynvyas
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