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CR.MA/1080220/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10802 of 2008
=========================================================
IMTYAZ
USMANGANI KUMBHAR & OTHERS
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
MHM SHAIKH for Applicants.
MS ML SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/08/2008
ORAL
ORDER
RULE. Ms. M.L.
Shah, 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
247 of 2008 before Adalaj Police Station, for the offence punishable
under sections 307, 120(b), 147, 148, 149, 152, 323, 324, 188 of the
Indian Penal Code as well as section 135 of the Bombay Police Act.
Learned advocate
for the petitioners submitted that the petitioners were present at
the scene of offence, but they were not armed with any weapons and
they have not assaulted any one in the crowd. Learned advocate
further submitted that the petitioners are falsely implicated and
false case is foisted on them, and, therefore, the prayer as set out
in the application may be granted.
Learned advocate
representing the petitioner submitted that considering the role
attributed to the petitioner which is reflected in the FIR at
Annexure ‘A’, no role is attributed to the petitioner and the
petitioner is not at all involved in the commission of offence, and,
therefore, it is a fit case to enlarge the petitioner on bail.
On the other
hand, learned Additional Public Prosecutor representing the State
submitted that considering the role attributed to the petitioners and
the manner in which the offence is committed by the petitioner, no
discretionary relief is required to be given to the petitioner and
the petition deserves to be dismissed.
Heard learned
advocate Mr. Sahikh for the petitioners and Mr. M.L. Shah, 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. I have also perused the judgment and order passed by
learned Additional Sessions Judge, Fast Track Court No.1, Gandhinagar
in Criminal Misc. Application No. 358 of 2008 and the reasons
assigned therein.
Having considered
the role played by the petitioners and the manner in which they
offence is alleged to have been committed by them, I am of the view
that the the petitioners are 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
petitioners are ordered to be enlarged on bail in connection with
C.R. No. I 247 of 2008 before Adalaj Police 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 they shall:
[a] not take undue
advantage of their liberty or abuse their liberty;
[b]. not act in a
manner injurious to the interest of the prosecution;
[c]. surrender
their passport, if any, to the lower court within a week;
[d]. not leave the
State of Gujarat without the prior permission of the Sessions court
concerned;
[e]. mark their
presence at Adalaj 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;
[f]. 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;
[g]. 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 petitioners on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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