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CR.MA/1033720/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10337 of 2008
=========================================================
LALBAI
TEJU KALYAN SANGHAR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KB ANANDJIWALA for
Applicant(s) : 1 - 2.
MS.ML SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/08/2008
ORAL
ORDER
1. RULE.
Ms.M.L. Shah, learned A.P.P. waives service of Rule on behalf of the
State. In the facts and circumstances of the case and by consent of
both the sides, this application is taken up for hearing today.
2. This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No.I-105 of 2008 with Mandvi Police Station, Kutchh for the offence
punishable under Sections 143,147,148 and 302 of the Indian Penal
Code.
3. Learned
advocate for the petitioners submitted that both the petitioners are
falsely implicated in the commission of offence and false case is
foisted on them. Considering the role attributed to the petitioners
which is reflected in the F.I.R. at Annexure A to the petition, it is
a fit case to enlarge both the petitioners on bail.
4. Ms.M.L.
Shah, learned A.P.P. representing the State submitted that the
petitioners are involved in the serious offence punishable under
Sections 143,147,148 and 302 of the Indian Penal Code. The
petitioners along with the other accused persons formed unlawful
assembly and caused the death of the deceased in a most brutal
manner. Considering the aforesaid facts and circumstances of the
case, the petition does not call for any interference by this Court
and it is liable to be dismissed.
5. I
have heard Mr.Anandjiwala, learned advocate for the petitioners and
Ms.M.L. Shah, learned A.P.P. for the State at length and in great
detail. I have also considered the role played by both the
petitioners in the alleged commission of offence punishable under
Sections 143,147,148 and 302 of the Indian Penal Code. Considering
the role attributed to the petitioners, the manner in which they are
involved along with the other accused persons and in the peculiar
facts and circumstances of the case, I am inclined to exercise my
discretion in favour of the petitioners.
6. In
the facts and circumstances of the case, the application is allowed
and the petitioners are ordered to be enlarged on bail in connection
with CR No.I-105 of 2008 registered at Mandvi Police Station, Kutchh
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] mark
their presence at the concerned police station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[f] 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;
[g] maintain
law and order.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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 petitioners on bail.
Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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