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CR.MA/8723/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8723 of 2008
=========================================================
DINESHBHAI
MANGALBHAI CHAUHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AA HUSSENI for
Applicant(s) : 1,
MR.MAULIK NANAVATI, ADDITIONAL PUBLIC PROSECUTOR
for
Respondent(s):1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 15/09/2008
ORAL
ORDER
1. RULE.
Mr.Maulik Nanavati, learned Additional Public Prosecutor for the
State waives service of Rule on behalf of the respondent-State.
2. The
present application is filed by the applicant-one of the original
accused under Section 439 of the Criminal Procedure Code for release
him on regular bail in connection with the complaint bearing
CR.No.I-156 of 2007 registered with the Mahudha Police Station for
the offences punishable under Sections 302, 506(2) and 114 of the
Indian Penal Code.
3. Considering
the statement-dying declaration of the deceased as well as the
statement of the Sarojben, it appears that as such the applicant
tried to save the deceased. It appears that the learned trial Court
while rejecting the application submitted by the applicant for
releasing him on bail, vide order dated 24.06.2008 in Criminal
Mis.Application No.260 of 2008, has not stated the fact correctly and
reproduced the statement of the Sarojben. What is recorded by the
learned trial Court, is just contrary to the statement of Sarojben.
Considering the role attributed to the applicant and the fact stated
hereinabove, in fact, the applicant tried to save the deceased, and
therefore, applicant is required to be released on bail.
4. For
the foregoing reasons, the application is allowed and the applicant
is ordered to be released on bail in connection with complaint being
CR.No.I-156 of 2007 registered with Mahudha Police Station on his
executing a bond of Rs.10,000/- [Rupees Ten Thousand only] with one
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
act in a manner injuries to the interest of the prosecution:
[c] maintain
law and order;
[d] not
enter District Kheda-Anand for a period of 12 months except for the
purpose of attending the trial;
[e] mark
his presence before nearest Police Station within whose jurisdiction
applicant shall reside for the aforesaid period on every 1st
and 15th day of English calender month between 9.00 a.m.
and 2.00 p.m. for a period of twelve months.
[f] not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[g] furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of
this Court;
[h] surrender
his passport, if any, to the lower Court within a week.
5. 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.
6. Bail
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
(
M.R.SHAH, J.)
bddave
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