Gujarat High Court Case Information System
Print
CR.MA/8086/2011 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8086 of
2011
=========================================================
ANKUR
GORDHANBHAI PATEL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HRIDAY BUCH for
Applicant(s) : 1 - 2.
MR LB DABHI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 21/06/2011
ORAL ORDER
1.
Rule.
Mr. Dabhi, learned APP waives service of Notice of Rule on behalf of
the respondent-State.
2. Heard
Mr. Buch, learned advocate for the applicants and Mr. Dabhi, learned
APP for the respondent-State.
3. This
application seeking regular bail under Section 439 of the Code of
Criminal Procedure, 1973 has been preferred by applicants in
connection with the offence registered with Jhalod Police Station,
District : Dahod
bearing
CR No.I-63 of 2011
for
the offence punishable under Sections 147, 148, 149, 325, 395, 387
and 427 of the Indian Penal Code.
4. Mr.
Buch, leaned advocate for the applicants has submitted that the
alleged incident occurred pursuant to the election of Jhalod Kelavni
Mandal and allegations and counter allegations by two groups, who are
contesting the election, has been made and consequently, cross
complaints have been filed. He has also submitted that in case of a
cross complaint filed by the present applicant ,the accused has been
released on bail vide order dated 08.06.2011 in Criminal Misc.
Application No.7675 of 2011 and therefore, he seeks parity in the
present case.
5. The
application is opposed by Mr.Dabhi, learned APP, who has submitted
that the applicants had committed the alleged offence which is
serious in nature and that therefore, the application deserves to be
rejected.
6. The
parties do not desire a reasoned order, however, having heard the
learned counsel for both the sides and considering the facts and
circumstances of the case as well as the documents and other material
produced on record of this case, the gravity of the offence, the
quantum of punishment, the allegations against the applicants, the
manner in which the applicants are allegedly involved in the case as
per the allegation of the prosecution, coupled with the fact that the
accused in cross complaint has been released by this Court vide order
dated 08.06.2011, I am of the view that the applicants deserve to be
released on bail, I am inclined to allow this application and release
the applicants.
7.
Hence,
this application is allowed. It is directed that the present
applicants in connection with CR
No.I-63 of 2011 registered
with Jhalod Police Station, District : Dahod be released on bail, in
respect of the offences alleged against them in this application, on
their executing and furnishing a bond of Rs.10,000/- (Rupees: Ten
Thousand Only) one for each of the applicants with two solvent surety
of like amount for each applicant, by the concerned Police Officer,
and on condition that they shall:-
(a)
not take undue advantage of or abuse the liberty.
(b)
not act in manner injurious to the interest of the prosecution.
(c)
maintain law and order.
(d)
not leave the State of Gujarat without prior permission of the
Sessions Court concerned.
(e)
furnish the address of their residence at the time of execution of
bond and shall not change the residence without prior permission of
the Sessions Court/this Court.
(f)
surrender their passport, if any, to the lower court within 4 days
from the date of this order.
(g)
mark their presence at the Jhalod Police Station, District : Dahod
initially
on 27th
June, 2011 and thereafter on every first and fifteenth day of every
month, between
11.00
a.m. to 3.00 p.m.
(h)
not to enter into the revenue limit of Dahod District till the trial
is over without prior permission of the Sessions Court, but for
marking their presence and attending the Court in connection with
this case the applicants will be free to enter the limits for a
period to the extent necessary and will leave the limits of Dahod
District immediately after the case is adjourned.
8. The
authorities will release the applicants only if they are not required
in any other offence for the time being.
9. If
breach of any of the above conditions is committed the Sessions Judge
concerned will be free to issue warrant or take any appropriate
action in the matter.
10. Bail-bond
before the lower Court having jurisdiction to try the case.
11. At
the trial, the trial Court shall not be influenced by the
observations, which are purely prima facie, tentative and preliminary
nature and have been made only for the purpose of examining prayer
for bail pending the trial. The Court shall arrive at its own
conclusion independently on the basis of the evidence and other
aspects of the case.
12. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[K.M.Thaker,
J.]
kdc
Top