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CR.MA/1699/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1699 of 2010
=========================================================
LABHUBHAI
ZINABHAI & 5 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MB PARIKH for
Applicant(s) : 1 - 6.
MS ML SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/02/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicants, who have been arrested in
connection with F.I.R. registered as C.R.No.I-76 of 2009 with
Savarkundla Town Police Station for the offence punishable under
Sections 326, 504, 324, 147,148, 149 and 114 of the Indian Penal Code
as well as Section 135 of the Bombay Police Act.
2. Learned advocate
Mr.M.B. Parikh for the applicants submitted that the applicants are
innocent persons and they have not committed the offence as alleged
against them. Considering the role attributed to the applicants which
is reflected in the F.I.R. at Annexure A to the application, they
deserve to be enlarged on bail.
3. Learned A.P.P.
Ms.M.L. Shah, representing the respondent-State, while opposing the
bail application, submitted that considering the role attributed to
the applicants and the manner in which they have committed the
offence, no discretionary relief be granted to them and the
application be dismissed.
4. I have heard learned
advocate Mr.M.B. Parikh for the applicants and learned A.P.P. Ms.M.L.
Shah for the respondent-State at length and in great detail. I have
considered the role attributed to the applicants, provisions of
Sections 326, 504, 324, 147,148, 149 and 114 of the Indian Penal Code
as well as Section 135 of the Bombay Police Act, injury certificate
produced along with the application and the fact that the persons,
who sustained injuries, are now recovered and discharged from the
hospital. Considering the same, I am of the view that the applicants
deserve to be enlarged on bail.
5. In the facts and
circumstances of the case, the application is allowed and the
applicants are ordered to be enlarged on bail in connection with
C.R.No.76 of 2009 registered at Savarkundla Town Police Station on
executing a bond of Rs.10,000/- each [Rupees ten thousand only] with
one surety each of the like amount to the satisfaction of the Trial
Court and subject to the conditions that they shall:
[a] not take undue
advantage of their liberty or abuse their liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] surrender their
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] not enter into the
local limits of Amreli district, except for reporting or attending
the court proceedings till the trial is over;
[f] mark their presence
at the concerned police station on any day of first week of every
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;
[g] 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 their residence
without prior permission of this Court;
[h] maintain law and
order.
6. 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.
7. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
8. 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 applicants on bail.
9. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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