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CR.MA/13346/2011 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13346 of
2011
=========================================================
DESAI
GHEMARBHAI LALBHAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARDIK A DAVE for
Applicant(s) : 1 - 2.
MR DESAI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 30/09/2011
ORAL
ORDER
1. Heard
Mr. Dave, learned Counsel for the applicants and Mr.Desai, learned
APP for the respondent-State.
2. This
application seeking regular bail under Section 439 of the Code of
Criminal Procedure, 1973 has been preferred by applicants in
connection with the offence registered with Becharaji
Police Station, Mehsana bearing
C.R. No.I -15 of
2011 for
the offence punishable under Sections 147, 148, 149, 302, 307, 323,
324, 337, 120(B) of the Indian Penal Code, Section 25(1-B)(A), 27(1),
30 of the Arms Act and Section 135 of the Bombay Police Act.
3. Mr.Dave,
learned advocate for the applicants has submitted the only allegation
against applicants who are, as per FIR accused Nos.6 and 11, is that
Desai Gemarbhai Lalbhai – the accused No. 6 used stick to give
blows to Mr.Ishwarbhai Govabhai Desai and Dhamasibhai Lakshamanbhai
on their head and Desai Jairambhai Vaghubhai accused No.11 used stick
to give blows to one Mr.Vikrambhai Amthabhai. He further submitted
that the other three accused persons viz. Desai Kanjibhai Ganeshbhai,
Desai Ganeshbhai Lalbhai and Desai Hargovanbhai Ganeshbhai against
whom similar allegations of similar nature and gravity have been made
are already granted bail by orders dated 17.8.2011 in Criminal Misc.
Application No.11286 of 2011, 25.8.2011 in Criminal Misc. Application
No.11829 of 2011 and 9.9.2011 in Criminal Misc. Application No.12117
of 2011. He further submitted that now the chargesheet is filed and
that therefore, the applicants may be released on bail on the ground
of parity.
4. The
application is opposed by Mr.Desai, learned APP, who has submitted
that the applicants had committed the alleged offence with the help
of other accused persons, which is serious in nature and that
therefore the application deserves to be rejected. However, he
admitted the fact that the injured person has been discharged from
the hospital.
5. Having heard
the learned Counsel for both the sides and considering the facts and
circumstances of the case as well as the documents and other material
produced on record of this case, the gravity of the offence, the
quantum of punishment, the allegations against the applicants, the
manner in which the applicants are allegedly involved in the case as
per the allegation of the prosecution, coupled with the fact that (a)
the two co-accused against whom allegations of serious nature viz. of
using fire arms (revolver) and giving Dhariya blow on the head are in
custody and are not released and they are not the applicants i.e.
they have not preferred application seeking bail and (b) any
allegations of serious nature of causing grievous injury are not made
against the applicants (c) the investigation is over and the
chargesheet is filed, (d) the persons against whom similar
allegations are made have already released on bail; and (e) the
injured person has been discharged from the hospital and the medical
certificate does not show any serious injury, I am of the view that
the applicants deserve to be released on bail on appropriate
condition. Hence, I am inclined to allow this application and release
the applicants.
6.
Hence,
this application is allowed. It is directed that the present
applicants i.e. accused Nos. 6 and 11 as per FIR in connection with
CR No.I-15 of
2011 registered
with Becharaji
Police Station, Mehsana be
released on bail, in respect of the offences alleged against them in
this application, on their executing and furnishing a bond of
Rs.10,000/- (Rupees: Ten Thousand Only) each with two solvent
sureties each of like amount, by the concerned Police Officer, and on
condition that they shall:-
(a) not take
undue advantage of or abuse the liberty.
(b) not act in
manner injurious to the interest of the prosecution.
(c) maintain
law and order.
(d) not leave
the State of Gujarat without prior permission of the Sessions Court
concerned.
(e) furnish the
address of their residence at the time of execution of bond and shall
not change the residence without prior permission of the Sessions
Court/this Court.
(f) surrender
their passport, if any, to the lower court within 4 days from the
date of this order.
(g)
mark their presence at the Becharaji
Police Station initially
on 7.10.2011 and
thereafter on every first and fifteenth day of every month,
between
11.00 a.m. to
3.00 p.m.
(h) not enter
the revenue limit of village Surpura till the trial is over and the
revenue limit of city and district Mehsana for 3 months except for
marking their presence and attending the Court in connection with
this case.
7. The
authorities will release the applicants only if they are not required
in any other offence for the time being.
8. If breach of
any of the above conditions is committed the Sessions Judge concerned
will be free to issue warrant or take any appropriate action in the
matter.
9. Bail-bond
before the lower Court having jurisdiction to try the case.
10. At the
trial, the trial Court shall not be influenced by the observations,
which are purely prima facie, tentative and preliminary nature and
have been made only for the purpose of examining prayer for bail
pending the trial. The Court shall arrive at its own conclusion
independently on the basis of the evidence and other aspects of the
case.
11. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
Suresh*
(K.M.
THAKER, J.)
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