Gujarat High Court Case Information System
Print
CR.MA/398/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 398 of 2010
=========================================
BALABHAI
RAGHUBHAI & 5 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
CL SONI for
Applicant(s) : 1 - 6.
MS ML SHAH, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 03/02/2010
ORAL ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No. I 134 of 2009 with Muli Police Station for the offence
punishable under Sections 147, 148, 149, 323, 324, 307 of the Indian
Penal Code and Section 25(1)(B)(A), 27 of the Arms Act. In the facts
and circumstances of the case and by consent of both the sides, this
application is taken up for hearing today.
2. At
the outset, learned advocate Mr CL Soni for the applicants submitted
that applicant Nos. 1, 2 and 5 were armed with stick, applicant No.4
was armed with Dharia, applicant No.6 was armed with Sword, but they
had not played any overt act in the commission of offence, while
applicant No.3 was armed with Farsi and gave Farsi blow on the
fingers of the injured. Save and except the aforesaid role, the
applicants have not played any overt act. Considering the aforesaid
aspects, the applicants deserve to be enlarged on bail.
3. Learned
Additional Public Prosecutor, Ms ML Shah for the State, while
opposing the bail application, submitted that the applicants are
charged for the offence punishable under Sections 147, 148,
149, 323, 324, 307 of the IPC and Section 25(1)(B)(A), 27 of Arms
Act. Considering the role of each of the applicants, no
discretionary relief be granted to them and the application deserves
to be dismissed.
4. Having
considered the rival submissions and on perusal of the FIR, the role
attributed to the applicants and the manner in which the offence is
committed by the applicants, the provisions of Sections 147, 148,
149, 323, 324, 307 of the IPC and Section 25(1)(B)(A), 27 of Arms
Act, quantum of punishment, etc., I am of the view that the
applicants deserves to be enlarged on bail.
5. In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with CR No. I 134 of 2009 with Muli 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 the concerned 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.
6. 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.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. 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 applicants on bail.
9. Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
[H.B.
Antani, J.]
mrpandya
Top