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CR.MA/12221/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12221 of 2011
=========================================
DANA
HIRA AHIR(DANGAR) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
SV RAJU FOR SV RAJU ASSOCIATES
for Applicant(s) : 1,
MR
MAULIK NANAVATI, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 08/09/2011
ORAL
ORDER
By
way of present application, filed under Section 439 of the Code of
Criminal Procedure, 1973, the applicant has prayed to release him on
regular bail in connection with CR No.I-38 of 2011 registered with
Nakhatrana Police Station, Kachchh for the offence punishable under
Sections 302, 365 and 34 of the Indian Penal Code.
Heard
Mr.S.V. Raju, learned senior counsel for the applicant and Mr.Maulik
Nanavati, learned Additional Public Prosecutor for respondent-State.
Mr.Raju,
learned senior counsel for the applicant, has contended that the
doctor has opined in the postmortem note that the deceased had died
because of failure of cardio respiratory and not because of the
injury sustained by the deceased. It also appears from the
postmortem report that there is no serious injury caused to the
deceased which can have any nexus with the death of the deceased. He
has also read the statement of the witnesses and contended that
looking to the facts of the case and overall circumstances,
applicant may kindly be released on bail.
Mr.Maulik
Nanavati, learned Additional Public Prosecutor, has vehemently
opposed the present application and contended that the applicant is
involved in a serious offence. Even prima-facie case is made out
against the applicant.
In
the facts and circumstances of the case and considering the nature
of allegations and role attributed to the applicant and now the
charge-sheet is filed, without entering into the merits of the case,
prima facie, this Court is of the opinion that this is a fit case to
exercise the discretion to enlarge the applicant on bail.
Hence,
the applicant is ordered to be released on bail in connection with
CR No.I-38 of 2011 registered with Nakhatrana Police Station,
Kachchh, for the offence alleged against him in this application on
his executing a bond of Rs.10,000/- (Rupees ten thousand only) with
one solvent 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
f) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
g) surrender
their passport, if any, to the lower Court within a week.
If
the breach of any of the above conditions is committed, the
concerned Court will be free to issue warrant or take appropriate
action in the matter.
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. Rule is made absolute.
Direct
service is permitted.
(Z.
K. Saiyed, J)
Anup
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