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CR.MA/10472/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10472 of 2010
=========================================================
ATIKBHAI(ATIT)
NILESHBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
BA SURTI for
Applicant(s) : 1,
MR MR MENGDEY, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 22/09/2010
ORAL
ORDER1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The
applicant accused is charged with having committed offences
punishable under Sections 304, 279, 337, 338 of the Indian Penal Code
and under Section 177 and 184 of the Motor Vehicle Act for which
F.I.R. being CR No.I-164/2010 has been registered with Khatodara
Police Station, Surat.
3. Learned
Advocate Mr. Surti referred to the FIR and submitted that it is a
case of vehicular accident where the persons have lost their lives.
Further, he submitted that as per the FSL report the left side tyre
of the vehicle has been burst which resulted into accident and
therefore present application may be allowed.
4. Learned
APP Mr. MR Mengdey resisted the application stating that 5 passerby
have lost their lives and the gravity of the offence may be
considered though it was an accident.
5. Having
heard the learned Advocate Mr. Surti as well as learned APP and
having considered the nature of offence, the manner in which it is
alleged to have been committed, role attributed and also considering
the fact that charge-sheet has not been filed, the present
application deserves to be allowed subject to the conditions
hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being CR
No.I-164/2010 registered with Khatodara Police Station, Surat, on
his executing a bond of Rs.5,000/- (Rupees Five Thousand) 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 his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
7. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
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