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CR.MA/2307/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2307 of
2011
=========================================================
KARSANBHAI
NARANBHAI GOJIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM THAKKAR, SR. COUNSEL for M/S THAKKAR ASSOC.
for
Applicant(s):1,
MR AJ DESAI, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/03/2011
ORAL
ORDER
RULE.
Learned APP, waives service of notice of rule on behalf of the
respondent-State.
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Code of Criminal Procedure after the
charge-sheet is filed, which is a successive bail application after
Criminal Misc. Application No.15567 of 2010 was withdrawn.
2. The
applicant accused is charged with having committed offence under
Sections 397, 395, 332, 427, 323, 504 & 506(2) of IPC and under
Section 3(1)(c) of Prevention of Damages to Public Property Act, 1984
and Sec. 135 of Bombay Police Act for which FIR being C.R. No.
I-41/2010 has been registered with Bhanvad Police Station.
3. Learned
counsel for the applicant submitted that considering the nature of
offence and the manner in which it is alleged to have been committed,
present application may be allowed as now the charge-sheet has been
filed. He has also submitted that as stated in the FIR itself, there
was some gambling and when victim police personnel went there, the
incident has occurred. He, therefore, submitted that present
application may be allowed.
4. Learned
APP resisted the application and submitted that when the police
personnel tried to prevent the gambling, the accused attacked.
5. Having
heard the learned Counsel for the parties and having considered the
nature of offence and the role attributed and also the fact that the
charge-sheet has been filed, present application deserves to be
allowed subject to the conditions hereinafter.
6. Accordingly, present
application stands allowed. The applicant is ordered to be released
on regular bail in connection with the F.I.R. being C.R.No.
I-41/2010 registered with BHANVAD POLICE STATION,
on his executing a bond of Rs.5,000/- (Rupees Five Thousand) with one
solvent surety of the like amount to the satisfaction of the lower
Court and subject to the conditions that he shall:
(a) not take undue
advantage of his liberty or abuse his liberty.
(b) not to try to tamper
or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any
manner injurious to the interest of the prosecution.
(d) maintain law and
order and should cooperate with the investigating officers.
(e) mark his presence
before concerned Police Station on 1st Monday of every
month of English calender between 11:00 AM to 2:00 PM till the trial
commences;
(f) furnish the address
of his residence to the Investigating Officer and also to the Court
at the time of execution of the bond and shall not change his
residence without prior permission of the Court.
(g) surrender his
passport, if any, to the lower Court, within a week.
7. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(ANANT
S. DAVE, J.)
Umesh/
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