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CR.MA/12762/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12762 of 2011
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HEMRAJBHAI
MALABHAI RABARI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
BM MANGUKIYA for Applicant(s) : 1,MS BELA A PRAJAPATI for
Applicant(s) : 1,
MR RC KODEKAR APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/09/2011
ORAL
ORDER
Learned
counsel appearing for the applicant submitted that investigation
is over and charge sheet is filed. It is fuhrer submitted
that earlier in an application filed by co-accused being Criminal
Misc. Application No.1663 of 2011, vide order dated 24.02.2011,
liberty was granted that in case if trial is not over within a
period of six months to seek remedy of bail. The petitioner is a
co-accused, who has filed the application though successive but
after charge sheet. It is further submitted that the applicant is
attributed of inflicting a stick blow, which are by and large
abrasions and contusions. It is further submitted that
co-accused is enlarged on bail by this Court and very recently
co-ordinate Bench of this Court enlarged a co-accused vide order
dated 12.09.2011 passed in Misc. Criminal Application No.12235 of
2011. It is further submitted that considering the nature of
allegations and role attributed to the applicant, by imposing
suitable conditions, the applicant may be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the
record of the case and taking into consideration the facts of the
case, nature of allegations, role attributed to the accused and
punishment prescribed for the alleged offences coupled with
the facts that charge sheet is
filed and co-accused is enlarged on bail, without discussing
the evidence in detail, at this stage, I am inclined to enlarge the
applicant on bail in connection with C.R.No.I-78/2010 of Idar
Police Station for the offences punishable under sections 147, 148,
149, 120B, 302 & 34 of the Indian Penal Code and Section 135 of
the Bomaby Police Act, on furnishing bond of Rs.10,000/- (Rupees ten
thousand only) with one surety of the like amount to the
satisfaction of the lower Court and on conditions that the applicant
shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m for three months;
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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