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CR.MA/8263/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8263 of 2011
=========================================================
CHANDUBHAI
MAGANBHAI PATEL AND ANOTHER - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ZF BHARDA for Applicants,
MR LB DABHI APP for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 17/06/2011
ORAL
ORDER
Rule.
Mr.L.B. Dabhi, learned APP wavies service of notice of Rule on behalf
of the respondent-State.
This
matter was mentioned in the morning today by the learned advocate
stating that the matter may be taken up for hearing at 2:30 and that
too only for interim bail for a period of one day as applicant no.2
lost his son on 14.06.2011 and a religious ceremony is to be
preformed on 20.06.2011.
Permission
as prayed for was granted. The matter was notified for hearing
today in a separate board of 2:30. When the matter was taken up for
hearing, this Court found that the offences punishable are 326, 504
read with 114 of the Indian Penal Code and Section 135 of the Bombay
Police Act.
Taking
into consideration the offence with which the accused –
applicants have been charged, the application is taken up for hearing
today itself.
The
applicants pray for regular bail in connection with the offences
registered with Vansda Police Station, Navsari vide C.R.No.I-45 of
2011 for the offences punishable under Sections 326, 504 read with
114 of the Indian Penal Code and Section 135 of the Bombay Police
Act.
I
have heard learned advocate Mr. Bharda for the applicants and Mr.L.B.
Dabhi, learned APP for the respondent-State.
In
the facts and circumstances of the case, I am persuaded to exercise
my discretion in favour of the accused -applicants taking into
consideration the following aspects:-
(i) All
offences are triable by the Magistrate
(ii) Injured
has been discharged from the hospital
(iii) Prima-facie
it appears to be a case of inter-se dispute between the family
members. The accused no.1 is said to have hit the injured with a
brick, which was lying nearby and the accused no.2 is said to have
inflicted a blow on the head of the injured with the stick
(iv) Investigation
is practically over
(v) There
are no past antecedents or criminal history of the
accused-applicants
(vi) The
incident has occurred at the spur of moment on a very trivial issue
without any pre-planned or any pre- meditation
Taking
into consideration the aforesaid prima facie aspects, I order release
of the accused – applicants on regular bail in connection with
offence registered with Vansda Police Station, Navsari being
C.R.No.I-45 of 2011 on each of them executing a bond in the sum of
Rs.15,000/- (Rupees fifteen thousand only) with one solvent surety of
the like amount to the satisfaction of the Lower Court and subject to
the conditions that they shall,
(a) not
take undue advantage of or misuse liberty;
(b) maintain
law and order and should co-operate with the Investigating
Officer;
(c)
not act in a manner injurious to the interest of the prosecution;
(d) surrender
his passport, if any, to the Lower Court within a week;
(e) shall
mark his presence before the concerned Police Station in a month of
every 4th
Sunday between 10:00 A.M. and 5:00 P.M.
(f) not
leave the local limits of the State of Gujarat without prior
permission of the Sessions Judge concerned;
(g) furnish
the address of their residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court.
The
authorities will release the applicants only if he is not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the Lower Court having jurisdiction to try
the case. This application is allowed.
Rule
is made absolute. Direct Service permitted today.
(J.B.
Pardiwala, J.)
rakesh/
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