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CR.MA/4011/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4011 of 2010
=========================================================
BHABHLUBHAI
VALKUBHAI KHACHAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
NIYATI B KATIRA for
Applicant(s) : 1,MR PP MAJMUDAR for Applicant(s) : 1,
MR DEVANG
VYAS APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 30/04/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicant, who has been arrested in
connection with C.R.No.I-10 of 2009 registered with Bhadla Police
Station, Rajkot (Rural) for the offence punishable under Sections
302,147,148,149 and 120B of the Indian Penal Code, Section 25(1)(a)
of the Arms Act and Section 135 of the Bombay Police Act.
2. I have heard learned
advocate Mr.P.P. Majmudar for the applicant and learned A.P.P.
Mr.Devang Vyas for the respondent-State at length and in great
detail. I have considered the role attributed to the applicant which
is reflected in the F.I.R. and police papers. The applicant was armed
with pipe but he has not played any role or participated in the
alleged commission of offence. Considering the aforesaid aspect and
since the co-accused is already enlarged on bail by this Court by
passing orders in Criminal Misc. Application Nos.473 of 2010, 476 of
2010, 741 of 2010 and 14280 of 2009, I am of the view that the
applicant deserves to be enlarged on bail. However, stringent terms
and conditions are required to be imposed on the applicant while
enlarging him on bail.
3. In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with
C.R.No.I-10 of 2009 registered with Bhadla Police Station, Rajkot
(Rural) on executing a bond of Rs.20,000/- [Rupees twenty 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] not enter into the
local limits of Rajkot district during the pendency of the trial,
except for reporting or attending the court proceedings,
[f] mark his presence at
the concerned Police Station twice i.e. on 1st and 15th
day of every 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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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 applicant on bail.
7. Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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