Gujarat High Court Case Information System
Print
CR.MA/6121/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6121 of 2011
=================================================
NARENDRASINH
BHAVUBHA PARMAR
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
Mr P.M.
Thakkar, Sr Advocate with Mr Hriday Buch with Mr Primit Purani for
the Applicant
MR RC KODEKAR, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/05/2011
ORAL
ORDER
Rule.
Mr Kodekar, learned APP waives service of notice of Rule on behalf
of the State.
The
applicant prays for regular bail in connection with the offences
registered with Varachha Police Station, vide C.R.No.I 80 of 2011 for
the offences punishable under Sections 307, 407, 408, 471, 201, 120B
and Section 114 of the IPC read with Section 25(1)(a) of the Arms
Act.
I
have heard learned Senior Advocate, Mr P.M. Thakkar for the applicant
and Mr RC Kodekar, learned Additional Public Prosecutor for the
respondent – State.
In
the facts and circumstances of the case, I am persuaded to exercise
my discretion in favour of the accused – applicant taking into
consideration the following aspects:-
The
papers would reveal that the first informant had sustained injury on
his shoulder and he has been discharged from the hospital long time
back and he is out of danger;
The
accused-applicant is not present who was in possession of the fire
arm and he has not fired the shot from the said fire arm
He
is said to be one of the co-conspirators
The
investigation is practically over.
Taking
into consideration the aforesaid prima facie aspects and in the facts
and circumstances of the case, I am persuaded to exercise my
discretion in favour of the applicant and order to release the
accused-applicant on regular bail in
connection with offence registered with Varachha Police Station,
being Crime Register No.I-80 of 2011 on his executing a bond in the
sum of Rs.15,000/- (Rupees fifteen thousand only) with one solvent
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] shall mark
his presence before the concerned police station on 1st
and 4th Sunday between 10 AM and 5 PM;
[f] not leave
the local limits of the State of Gujarat without prior permission of
the Sessions Judge concerned;
[g] 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
Top