Gujarat High Court Case Information System
Print
CR.MA/14093/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14093 of 2011
=========================================================
MAHAMAD
USMAN AEKLVAYA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRAMITNCHAUDHARY
for
Applicant(s) : 1 - 4.
MR KL PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 05/10/2011
ORAL
ORDER
1. Rule.
Mr. K. L. Pandya, learned APP waives service of Rule on behalf
of respondent.
2. This
application has been preferred under Section-439 of the Code of
Criminal Procedure, in connection with the offence being CR
No. I-138 of 2011 registered with Navsari Rural Police Station
for the offences u/s. 143, 147, 149, 326, 506(2), 323 of the Indian
Penal Code and Section-135 of the Bombay Police Act.
3. Learned
advocate for the applicants has contended that injured person is
already discharged from the hospital. Present applicants are wrongly
booked in the offence alleged against them. Prima facie, no role is
established against the applicants as alleged against them.
Therefore, present applicants are required to be released on bail.
4. Learned
APP has vehemently opposed this application
5. Having
heard the learned Counsel for both the sides and looking to the facts
and circumstances of the case, statement of the witnesses and the
fact that injured person is already discharged from the hospital and
there is no definite allegation made against the applicants, I am
inclined to grant bail to the applicants.
6. Considering
the above, this application is allowed. The applicants are ordered to
be released on bail in connection with CR
No. I-138 of 2011 registered with Navsari Rural Police Station
for the offence alleged against them in this application on their
executing a Bond of Rs.10,000/- (Rupees ten thousand only) each with
one solvent surety 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should 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) furnish
the 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;
g) surrender
their 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. Direct service is permitted.
(Z.K.SAIYED,
J.)
(ila)
Top