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CR.MA/1008120/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10081 of
2008
=========================================
HABIBBHAI
KARIMBHAI KATIYAWADI(VORA) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1,
MS
MANISHA SHAH, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 01/08/2008
ORAL ORDER
1. RULE.
Ms Manisha Shah, learned Additional Public Prosecutor waives service
of Rule on behalf of the State. In the facts and circumstances of
the case and by consent of both the sides, this application is taken
up for hearing today.
2. This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No. I 102 of 2008 registered with Chaklasi Police Station, District
Kheda for the offences punishable under Sections 326, 324 and 504 of
the Indian Penal Code and Section 135 of the Bombay Police Act.
3. Mr
AM Dagli, learned advocate for the petitioner submitted that the
scuffle took place with the other side, wherein the petitioner as
well as complainant both sustained injuries. Subsequently, the
petitioner also filed complaint dated 4.7.2008 narrating the injuries
sustained by him. The learned advocate for the petitioner submitted
that in view of the above, both the sides have sustained injuries in
a scuffle which took place on 03.07.2008 and therefore, it is a fit
case to release the petitioner on regular bail as there are no past
antecedents. The learned advocate for the petitioner submitted that
even the complainant was admitted in the hospital and subsequently,
he was already discharged after taking necessary treatment in the
hospital.
4. As
against the aforesaid submissions, Ms Manisha Shah, learned
Additional Public Prosecutor representing the State submitted that
considering the nature of offences in which the petitioner is
involved, the manner in which the petitioner has committed the
offences and the fact that the FIR has recently filed, it is a fit
case, wherein no interference is called for by this Court and the
petition is liable to be rejected.
5. Having
considered the rival submissions and on perusal of the averments made
in the petition and the FIR filed by the present petitioner dated
4.7.2008 against the original complainant, prima facie, it becomes
clear that both the sides were involved in the scuffle and sustained
injuries. No doubt, the provisions of Sections 324, 427, 504 and 114
of the IPC have been invoked against the original complainant as
against the provisions of Sections 326, 324, 504 of the IPC and
Section 135 of the Bombay Police Act against the petitioner have been
invoked. Be that as it may, considering the fact that both the sides
were involved in the scuffle and the role attributed to the
petitioner, I am inclined to exercise my discretion in favour of the
petitioner.
6. In
the facts and circumstances of the case, this petition is allowed and
the petitioner is ordered to be enlarged on bail in connection with
CR No. I 102 of 2008 registered at Chaklasi Police Station,
District Kheda on executing a bond of Rs.10,000/- [Rupees ten
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] mark
his presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[f] 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;
[g] maintain
law and order.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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 petitioner on bail.
10. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
[H.B.
Antani, J.]
mrpandya*
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