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CR.MA/2942/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2942 of 2011
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JETHABHAI
RAJSHI DANGAR & 5 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
Mr.
Y.S. Lakhani, Senior Advocate with MR
ASHISH M DAGLI for Applicants
Mr.
A.J. Desai, APP, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/03/2011
ORAL
ORDER
At
the outset, learned counsel for applicants does not press this
application qua applicant Nos. 1, 2, 3, and 6, namely, Jethabhai
Rajshi Danger, Khimabhai Rajshi Danger, jagabhai Rajshi Dangar and
Gogan Jaga Dangar, at this stage. Rule qua them is discharged.
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-8 of 2010 with Sheth Vadala police station for the offences
punishable under Sections 143, 147, 148, 149, 504, 34, 506(2), 307
and 302 of the Indian Penal Code.
Heard
learned counsel for the parties and perused the record and the charge
sheet filed in the case.
Learned
counsel for the applicants submits that, so far as applicant Nos. 4
and 5 are concerned, the family members of four brothers are
arraigned as accused by attributing various weapons including sticks
and considering different version of the complainant before the
Incharge Medical Officer of Jamjodhpur Referral Hospital, Jamnagar
Medical Hospital, and later on at Civil Hospital, Ahmedabad, and
looking to the injuries received, this application for bail qua
applicant Nos. 4 and 5 may kindly be considered.
The
learned Additional Public Prosecutor has opposed grant of bail
looking to the nature and gravity of offence.
In
the facts and circumstances of the case and considering the role
attributed to the applicant Nos. 4 and 5, nature of injuries, now
charge sheet is filed, without discussing the evidence in detail,
prima facie, this Court is of the opinion that this is a fit case to
exercise the discretion to enlarge the applicant Nos. 4 and 5 on
bail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant Nos. 4 and 5, namely, Sumat Rajshi Dangar and Ramde
Sumat Dangar, are ordered to be released on bail in connection with
first information report registered at C.R.No.I-8 of 2010 with Sheth
Vadala police station on their executing a 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
i. not
take undue advantage of their liberty or misuse their liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
their passports, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
their presence at the concerned police station on the first Sunday
of every month between 10 a.m. And 3 p.m for six months only.
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 the
residence without prior permission of this Court;
The
Authorities will release applicant Nos. 4 and 5 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
applicant Nos. 4 and 5 on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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