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CR.MA/1246/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1246 of 2010
=========================================================
BHUPATBHAI
JASMATBHAI BAMBHANIYA & 7 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARSHIT S TOLIA for
Applicants
MS ML SHAH, ADDL.PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 18/02/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 by the applicants who came to be arrested in connection with CR
No. I 67 of 2009 registered with Datha police station, Bhavnagar for
the offence punishable under Sections 143, 147, 148, 149, 307, 326,
324 and 325 of IPC.
Learned
advocate Mr. H.S. Tolia, for the applicants submitted that the
applicants are innocent persons and falsely implicated in the alleged
commission of offence. Considering the role attributed to the
applicants which is reflected in the FIR at Annexure:A to the
application, the applicants deserve to be enlarged on bail. Learned
advocate submitted that cross complaint is filed and the present
applicant also sustained injury in a scuffle which took place. The
said cross complaint, i.e. FIR is produced at Annexure:B to the
application. Considering the aforesaid facts and circumstances and
since those who sustained injuries have been discharged from the
hospital, all the applicants deserve to be enlarged on bail.
Learned
APP Ms. M.L. Shah, representing the opponent-State, while opposing
the bail application, submitted that the applicants are involved in
the commission of offence punishable under Sections 143, 147, 148,
149, 307, 326, 324 and 325 of IPC and considering the role played by
them and the manner in which the offence is committed, no
discretionary relief be granted to the applicants and the application
be dismissed.
I
have heard the learned advocates of both the sides at length and in
great detail. Having considered the rival submissions and on perusal
of the averments made in the application, role attributed to the
applicants which is reflected in the FIR as well as cross complaint
filed by the applicant, provisions of sections 143, 147, 148, 149,
307, 326, 324 and 325 of IPC, gravity of offence, quantum of
punishment, police papers etc., I am of the view that the applicants
deserve to be enlarged on bail without discussing the evidence in
detail.
For the
foregoing reasons, the application is allowed and the applicants are
ordered to be enlarged on bail in connection with CR No. I 67 of 2009
registered with Datha Police Station, Bhavnagar, on executing a bond
of Rs.20,000/- [Rupees twenty thousand only] each 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 1st and
15th of every 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 applicants on bail.
Rule is
made absolute to the aforesaid extent.
Direct
service is permitted.
[H.B.
Antani, J.]
pirzada/-
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