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CR.MA/1229/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1229 of
2010
=========================================================
DIPAK
KANUBHAI CHUNARA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
VM PANCHOLI for
Applicant(s) : 1, MR BHARAT J JOSHI for Applicant(s) : 1,
MS.
MANISHA L. SHAH, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/02/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant for regular bail, who has been
arrested, in connection with F.I.R. registered as C.R. No. I-127 of
2009 with Aslali Police Station for the offence punishable under
Sections 326, 114 of the Indian Penal Code and Section 307 was
subsequently added.
2. Learned
advocate for the applicant submitted that the applicant is an
innocent person and he has been falsely implicated in the alleged
offence. Learned advocate submitted that considering the role
attributed to the applicant which can be seen from the F.I.R. at
Annexure-A to the application, the applicant deserves to be enlarged
on bail.
3. Learned
A.P.P. Ms. Manisha L. Shah, representing the State, while opposing
the bail application, submitted that the applicant is involved in a
serious offence punishable under Sections 326, 307 and 114 of the
Indian Penal Code. Learned A.P.P. submitted that the applicant was
armed with the sword and gave the sword blow to the injured on the
shoulder. Thus, considering the role attributed to the applicant and
the nature of the offence in which the applicant is involved, no
lenient view be taken in the matter and the application does not call
for any interference by this Court and the same is deserved to be
dismissed.
4. I
have heard learned advocate Mr. V.M. Pancholi appearing for the
applicant and learned A.P.P. Ms. Manisha L. Shah appearing for the
State at length and in great detail. I have considered the rival
submissions, averments made in the application, role attributed to
the applicant which is reflected in F.I.R. at Annexure-A to the
application and the manner in which the alleged offence is committed
by him, provisions of Sections 326, 307 and 114 of the Indian Penal
Code and the fact that the applicant was armed with the sword and
gave sword blow to the injured. After sustaining injuries, the
injured was admitted in the hospital and subsequently discharged.
Considering the aforesaid aspect of the matter, I am of the view that
the applicant deserves to be enlarged on bail.
5. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with C.R. No. I-127 of 2009 registered at Aslali Police Station, on
executing a bond of Rs. 20,000/- (Rupees twenty thousand only) with
one 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
act in a manner injurious to the interest of the prosecution;
(c) surrender
his passport, if any, to the lower court within a week.
(d) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) not
to enter in New Vatva area of Ahmedabad Rural;
(f) mark
his presence twice in a month at the concerned Police Station on
1st and 15th of English calendar month
between 9.00 AM and 2.00 PM. till the trial is over;
(g) furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
(h) maintain
law and order.
6. 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.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. At
the trial, the Trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
9. Rule
is made absolute to the aforesaid extent. Direct Service today is
permitted.
(H.B.ANTANI,J.)
Shekhar
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