CR.MA/8470/2008 4/ 4 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 8470 of 2008 ========================================================= RANCHHODBHAI CHHELABHAI BHARVAD & OTHERS Versus STATE OF GUJARAT ========================================================= Appearance : MR MEHUL SHARAD SHAH for Applicants. MR KT DAVE, ADDL. PUBLIC PROSECUTOR for Respondent. ========================================================= CORAM : HONOURABLE MR.JUSTICE H.B.ANTANI Date : 07/07/2008 ORAL ORDER
RULE. Mr. K.T.
Dave, learned Additional Public Prosecutor waives service of rule on
behalf of the respondent. At the request of the learned counsel
appearing for the parties, this application is taken up for hearing
today.
This application
is filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No.I ý
26 of 2008 dated 16.05.2008 filed before the Vichhiya Police Station,
Dist. Rajkot for the offence punishable under section 395, 397,
506(2) of the Indian Penal Code.
It is submitted
by learned advocate for the petitioner that on 15.05.08 when the
complainant Magajiben and her nephew Thakersibhai were going on motor
cycle and passing through Motamatra village, a scuffle took place
with the petitioner. It is also alleged that thepetitioner No.1,
Ranchhodbhai has inflicted an axe blow on Magajiben and petitioners
No. 1 and 3 have also inflicted axe blow on witness Thakersibhai on
the head. It is further alleged that petitioner No.2, 3 and 5 have
inflicted lathi blow. It is further alleged that petitioners No. 1
and 3 have also looted cash amount. However, learned advocate for the
petitioners submitted that during remand nothing was recovered in
cash. Learned advocate for the petitioners submitted that the
incident had taken place because of enmity with the other side, and,
therefore, it is a fit case to release the petitioner on regular
bail.
As against the
aforesaid submissions, Mr. K.T. Dave, learned APP submitted that the
incident took place out of enmity between both the sides, and,
therefore, strict condition is required to be imposed on the
petitioner while granting bail to the petitioner.
Heard learned
advocate Mr. Mehul Shah for the petitioners and Mr. K.T. Dave,
learned APP at length and in great detail. I have also perused the
averments made in the application as well as the FIR produced on
record at Annexure ‘A’to the petition. Considering the gravity of
the offence, the involvement of the petitioner in the commission of
offence and the fact that the injured who were admitted in the
hospital have now been discharged from the hospital and taking into
consideration the fact that there was enmity between the parties, I
am of the view that the the applicant is required tobe enlarged on
regular bail at this stage, without discussing the evidence in
detail.
The parties do
not press for further reasoned order.
In the facts and
circumstances of the case, the application is allowed and the
applicants are ordered to be enlarged on bail in connection with C.R.
No.I-26 of 2008 registered at the Vichhiya Polie Station on executing
a bond of Rs.10,000/- each [Rupees ten thousand only] with one surety
each 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 to enter
the territorial limits of Sayala Taluka situated in Surendranagar
District.
[e]. not leave the
State of Gujarat without the prior permission of the Sessions court
concerned;
[f]. mark their
presence at Vicchiya police station on any day of every first week of
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;
[g]. furnish the
present address of their residence to the I.O. and also to the Court
at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[h]. 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.
mathew [H.B.ANTANI, J.]