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CR.MA/1764/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1764 of 2011
======================================
BHUPENDRASINH
@ DILLIWALA S/O VIRENDRASINH YADAV
Versus
STATE
OF GUJARAT
======================================
Appearance :
Mr
MHM Shaikh for the Applicant
Mr
Ashish Desai, APP for the Respondent
State
======================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 28/02/2011
ORAL
ORDER
Rule.
Mr Desai, learned APP waives service of notice of Rule on behalf of
the State.
The
accused-applicant has prayed for regular bail in connection with the
offence registered with Meghaninagar Police Station vide C.R.No.I 193
of 2010 for the offences punishable under Sections 302, 324, 323,
452, 294(b) and 114 of the Indian Penal Code read with Section 135 of
the Bombay Police Act.
Heard
learned counsel, Mr MHM Shaikh for the applicant and Shri Ashish
Desai, Addl. Public Prosecutor for the State.
Following
aspects are taken into consideration for ordering the release of the
accused-applicant on regular bail:-
(a) The
investigation is over and the charge sheet is filed;
(b) No
overt act is attributed so far as the deceased is concerned. It is
not the case of the prosecution that the accused-applicant inflicted
any blows on the body of the deceased;
(c) The
overt act attributed to the accused-applicant is that of inflicting a
blow on the head of brother of the deceased with an iron pipe.
Having regard to the nature of injury sustained by the brother, he
was not even hospitalised.
Having
regard to the facts and circumstances of the case, the nature of
allegations and the overt act attributed to the accused-applicant and
the fact that the investigation is over and charge-sheet has been
filed, I am inclined to exercise my discretion in favour of the
accused-applicant.
The applicant is ordered to be released on bail in connection with
offence registered with Meghaninagar Police Station being Crime
Register No.I-193 of 2010 on his executing a bond in the sum of
Rs.10,000/- (Rupees ten thousand only) with one surety of the like
amount to the satisfaction of the lower Court and subject
to the conditions that he shall,
[a] not take undue advantage of or misuse liberty;
[b] maintain
law and order and should co-operate with the investigating officer;
[c] not
act in a manner injurious to the interest of the prosecution;
[d] surrender
his passport, if any, to the lower court
within a week;
[e] not
leave the local limits of the State of Gujarat without prior
permission of the Sessions Judge concerned;
[f] shall
mark his presence before the concerned Police Station on every
2nd and 4th Sunday of every English Calendar
month between 9.00 a.m. and 5.00 p.m.till the trial against him
commences;
[h] 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.
The
authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant
or take appropriate action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to try
the case. This application is allowed.
Rule
is made absolute. D.S. Permitted.
(J.B.Pardiwala,
J.)
*mohd
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