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CR.MA/12942/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12942 of 2010
======================================
DILIPBHAI
CHHOTUBHAI VASAVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR PRASHANT
DESAI LD.SR.ADV. WITH MR
KAUSHAL D PANDYA for Applicant(s) : 1,
MR MANISHA LAVKUMAR SHAH,
ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 28/10/2010
ORAL
ORDER
1. Rule.
Ms.Manisha Lavkumar Shah, waives service of Rule on behalf of
respondent-State.
2. The
present application is filed by the applicant for grant of regular
bail under Section 439 of the Criminal Procedure Code after
chargesheet is filed.
3. The
applicant-accused is charged for having committed offence under
Sections 120-B,143,147,148,149,325,307, 427,304 and 506(2) of the
Indian Penal Code, Section 135 of the Bombay Police Act and Section
25(1)(A)(1) of the Arms Act for which FIR being C.R.No-I-9 of 2009
has been registered with Jhagadia Police Station.
4. Learned
Senior Counsel Mr.Prashant Desai appearing with learned advocate
Mr.Kaushal D. Pandya for the applicant referred to the FIR and
submitted that the role attributed to the applicants is that he has
fired in air and he submitted that as now the chargesheet has been
filed and other co-accused have been released as per the order passed
in Miscellaneous Criminal Application No.5470 of 2009 dated
7.5.2009,Criminal Miscellaneous Application No.14002 of 2009 dated
24.12.2009 as well as Criminal Miscellaneous Application No.10335 of
2009 dated 11.9.2009, the present application may be allowed.
5. Learned
Additional Public Prosecutor Ms. Manisha Lavkumar Shah resisted the
application and submitted that he was armed with firearm and he has
fired in the air. She further submitted that he is having antecedence
of six such offences in Jhagadia district. Alternatively, it was
submitted that strict condition may be imposed that he may be kept
out of the district Jhagadia.
6. It
is also well accepted that this Court is not required to appreciate
and scrutinize evidence at this stage in detail as observed in
judgment reported in AIR 2009 SC 1362. However, for considering the
prima facie case regarding involvement of the accused, the nature of
offence, the manner in which alleged offence is said to have been
committed and role attributed by the accused are relevant.
7. Having
heard learned counsel appearing for the applicant-accused and learned
A.P.P. and having considered the nature of offences, role attributed
to the applicant that he has fired only in the air and also the fact
that the chargesheet has now been filed and other co-accused have
been released, the present application deserves to be allowed.
8. Accordingly,
present application stands allowed. The applicant
is ordered to be released on regular bail, in connection with
C.R.No-I-9 of 2009, which has been registered with Jhagadia Police
Station, on his executing a bond of Rs.5,000/- (Rupees Five Thousand
Only) with one solvent surety of the like amount to the satisfaction
of the lower 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 pressurize the prosecution witnesses or complainant in
any manner.
(c) not act in
any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) furnish the
address of his residence to the Investigating Officer and also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of the Court.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) not enter
into district Jhagadia till the trial is going on except for the
purpose of marking his presence before concerned Police Station 1st
day of every calender month between 11:00 AM and 2:00 PM till the
trial commences or for attending Court in connection with any of the
cases
9. If breach of
any of the above conditions is committed, the concerned Sessions
Judge will be free to issue warrant or take appropriate action in the
matter.
10. 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.
11. Rule is
made absolute to the aforesaid extent. Direct service permitted.
(R.H.Shukla,
J.)
sudhir
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