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CR.MA/8548/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8548 of 2010
=========================================================
KHALILBHAI
MAHEBUBBHAI SIPAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
GIRISH D CHAVDA for
Applicant(s) : 1,
MS MINI NIAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/08/2010
ORAL
ORDER
The
present application is filed by the applicant under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging him on regular
bail in connection with the offence being CR No. I 35 of 2010
registered with Viramgam Town Police Station, Dist. Ahmedabad, for
the offences u/s. 143, 147, 148, 149, 325, 307 of I.P. Code and
section 25(1)(b)(a) of the Arms Act.
Heard
learned Advocate for the applicant and learned A.P.P. for the
respondent – State. Learned Advocate for the applicant has contended
that other co-accused have been released on bail by the Sessions
Court. He also contended that the accused of cross complaint have
also been released on bail. He also contended that injured have
already been discharged from the Hospital. I have also perused the
papers produced before me. Learned APP has vehemently opposed this
application. However, both the parties do not press for any reasoned
order.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses,
gravity of the offence and quantum of punishment, I am inclined to
grant bail to the applicant.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I – 35 of 2010
registered with Viramgam Town Police Station, Dist. Ahmedabad, for
the offences alleged against him in this application on his
executing a Bond of Rs.10,000/- (Rupees ten thousand only) with one
solvent 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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) shall
not enter within the territory of Viramgam Taluka except for the
purpose of attending the Court on the date of hearing till the trial
against him is completed.
h) surrender
his passport, if any, to the lower Court within a week.
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.
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.
Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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