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CR.MA/15076/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15076 of 2010
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FIROZ
HUSSAIN BLOCH & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
PM LAKHANI for Applicant(s) : 1 - 2.MR NITAL M DHRUVE for
Applicant(s) : 1 - 2.MRS RP LAKHANI for Applicant(s) : 1 - 2.
MRS
KRINA P CALLA APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/12/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered at
C.R.No.I – 26 of 2010 with Okha Police Station, Jamnagar for
the offences punishable under Sections 307, 325, 504, 506(2), 143,
147 and 148 etc. of the Indian Penal Code and Section 135(1) Bombay
Police Act.
Learned
counsel appearing for the applicants submits that the charge-sheet
is filed and there are allegations of inflicting stick blow and
thereby causing injuries on hands and knees, which resulted into
fracture, therefore, it cannot be said that the applicant had
intention to kill the deceased. It is further submitted that
co-accused is enlarged on bail and considering the facts and
circumstances of the case, the applicants may be enlarged on bail.
Learned
APP for the respondent – State submits that the role of the
applicant in inflicting the injuries has surfaced on record by
filing of charge-sheet and the injured was hospitalized for about 24
days and after treatment, he was discharged and, therefore, the
applicant may not be enlarged on bail.
Having
heard learned counsel for the parties and perused the record of the
case and considering the facts and circumstances of the case and
nature of allegations levelled against the applicants and usage of
stick mostly on hands and knees and a fracture is noticed, at this
stage when the charge-sheet is filed, I am inclined to enlarge the
applicants on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with First Information Report registered at C.R.No.I – 26 of
2010 with Okha Police Station, Jamnagar, on executing bond of
Rs.5,000/- [Rupees Five Thousand Only] each with one surety of the
like amount to the satisfaction of the trial Court and subject to
the conditions that they shall;
(a) not
take undue advantage of liberty or misuse liberty;
(b) not act in
a manner injurious to the interest of the prosecution;
(c) surrender
their passports, if any, to the lower Court within a week;
(d) not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
(e) mark their
presence at the concerned Police Station on the first Sunday of every
month between 10.00 a.m and 3.00 p.m for three months only;
(f) furnish the
present address of 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;
The
Authorities will release the applicants only if they are not
required in connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
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.
Rule
is made absolute to the aforesaid extend. Direct Service is
permitted.
[
ANANT S. DAVE, J. ]
*pvv
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