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CR.MA/476/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 476 of 2010
=========================================================
GABHRUBHAI
BHAYABHAI DHANDHAL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MB PARIKH for
Applicant(s) : 1 - 2.
MS KRINA CALLA APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 01/02/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicants, who have been arrested in
connection with F.I.R. registered as C.R.No.I-10 of 2009 with Bhadla
Police Station, Rajkot (Rural) for the offence punishable under
Sections 302, 147, 148, 149 and 120B of the Indian Penal Code,
Section 25(1)(a) of the Arms Act and Section 135 of the Bombay Police
Act.
2. Learned advocate
Mr.M.B. Parikh
for the applicants submitted that the applicants are
innocent persons and they have not committed any offence as alleged
in the complaint. It is submitted that the applicants are not
involved in a heinous crime of murder, the entire case of the
prosecution is concocted and there is no prima facie case against the
applicants. Even basic ingredients of Section 302 of the Indian Penal
Code cannot be said to have been attracted in the present case. Thus,
the learned advocate submitted that considering the aforesaid aspect,
the applicants deserve to be enlarged on bail.
3. Learned A.P.P.
Ms.Krina Calla, representing the respondent-State, while opposing the
bail application, submitted that the applicants are involved in a
serious offence punishable under Section 302 of the Indian Penal
Code. Considering the role attributed to the applicants along with
the other accused, no discretionary relief be granted to them and the
application be dismissed.
4. I have heard learned
advocate Mr.M.B.
Parikh for the applicants and learned A.P.P. Ms.Krina
Calla for the respondent-State at length and in great detail.
Considering the rival submissions, role attributed to the applicants
which is reflected in the F.I.R. at Annexure A to the application,
provisions of Sections 302, 147, 148, 149 and 120B of the Indian
Penal Code, Section 25(1)(a) of the Arms Act and Section 135 of the
Bombay Police Act, quantum of punishment and on perusal of the
averments made in the application as well as the police papers etc.,
I am of the view that the applicants are required to be enlarged on
bail. However, stringent terms and conditions are required to be
imposed on the applicants while releasing them on bail.
5. In the facts and
circumstances of the case, the application is allowed and the
applicants are ordered to be enlarged on bail in connection with
C.R.No.I-10 of 2009 registered at Bhadla Police Station, Rajkot
(Rural) on executing a bond of Rs.20,000/- each [Rupees twenty
thousand only] 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 their liberty or abuse their liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] surrender their
passport, if any, to the lower court within a week;
[d] not enter into the
local limits of Rajkot district during pendency of the trial, except
for reporting or attending the court proceedings;
[e] not leave the State
of Gujarat without prior permission of the Sessions court concerned;
[f] mark their presence
at the concerned Police Station twice in a month i.e. on 1st
and 15th day of every English calendar month between 9.00
AM and 2.00 PM. till the trial is over;
[g] furnish the present
address of their residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change their 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 applicants on bail.
9. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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