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CR.MA/1117720/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11177 of 2008
=========================================================
SANKARAJI
NATHUJI RAJPUT
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
UA TRIVEDI for Applicant.
MS ML SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 05/09/2008
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
24 of 2008 with Panthawada Police Station, Dist. Banaskantha for the
offence punishable under section 302, 307, 147, 148, 149 and 34 of
the Indian Penal Code.
Learned advocate
for the petitioner submitted that charge sheet in the present case is
already filed and considering the role attributed the petitioner in
the FIR, the petitioner is not alleged to have assaulted the deceased
and the allegations against the petitioner is only of causing
injuries to witnesses. In view of the aforesaid facts and
circumstances of the case, learned advocate submitted that the
petitioner is required to be enlarged on regular bail. Learned
advocate further submitted that he would abide by the terms and
conditions imposed by this Court, if the prayer as prayed for in the
application is granted.
Ms. M.L. Shah,
learned APP submitted that the petitioner has been booked for
offences punishable 302, 307, 147, 148, 149 and 34 of the Indian
Penal Code. 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, it is
not a fit case to enlarge the petitioner on regular bail.
Heard learned
advocate Mr. Trivedi for the petitioner and Ms. 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. The petitioner is booked for offences punishable under
sections 302, 307, 147, 148, 149 and 34 of the Indian Penal Code.
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. The petitioner is alleged to
have merely caused injuries to the witnesses. 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
24 of 2008 with Panthawada Police Station, Dist. Banaskantha 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 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 leave the
State of Gujarat without the prior permission of the Sessions court
concerned;
[e]. mark his
presence at Panthawada 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 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;
[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 petitioner on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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