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CR.MA/1109120/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11091 of 2008
=========================================================
AHIR
NAGABHAI LAKHABHAI
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
AY KOGJE for Applicant.
MS DARSHANA PANDIT, ADDL. PUBLIC
PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 05/09/2008
ORAL
ORDER
RULE. Ms.
Darshana Pandit, 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 petition is taken up for
hearing today.
This petition is
filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No. I
81 of 2008 before Kodinar Police Station, Dist. Junagadh for the
offence punishable under sections 147, 148, 149, 326, 325 and 341 of
the Indian Penal Code and section 135 of the Bombay Police Act.
Mr. Kogje,
learned advocate for the petitioner submitted that charge sheet is
already filed in the matter, and considering the role attributed to
the petitioner, it is a fit case to grant bail to the petitioner as
prayed for in the application.
On the other
hand, learned APP Ms. Darshana Pandit submitted that considering the
role played by the petitioner in the commission of offence and the
manner in which the offence is committed by the petitioner along
other other accused persons, the discretionary relief is not required
to be exercised in favour of the petitioner and the petition deserves
to be rejected out of hand.
Heard learned
advocate Mr. Kogje for the petitioner and Ms. Darshana Pandit,
learned APP at length and in great detail. I have also perused the
averments made in the petition as well as the FIR produced on record
of the petition. The petitioner is booked for offences punishable
under section 147, 148, 149, 326, 325 and 341 of the Indian Penal
Code and section 135 of the Bombay Police Act. However, I have
considered the role attributed to the petitioner and the manner in
which the offence is alleged to have been committed by the petitioner
along with other accused. I have also considered the quantum of
punishment and other case papers produced for my perusal. Considering
all the above, I am of the view that the the petitioner is required
to be enlarged on regular bail at this stage, without entering into
the merits of the case and without discussing the evidence in
detail.
The parties do
not press for further reasoned order.
In the facts and
circumstances of the case, the petition is allowed and the petitioner
is ordered to be enlarged on bail in connection with C.R. No.I-81 of
2008 registered at Kodinar Police Station 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 enter the
local limits of village Kantala till the commencement of the trial;
[b]. not take
undue advantage of his liberty or abuse his liberty;
[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
State of Gujarat without the prior permission of the Sessions court
concerned;
[f]. mark his
presence at Kodinar 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 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;
[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 petitioner on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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