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CR.MA/934/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 934 of 2010
=========================================
NANUBHAI
BHURABHAI ALGOTAR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR VISHWAS
S DAVE for
Applicant(s) : 1 - 2.
MS KRINA CALLA, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 18/02/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicants for regular bail, who have been
arrested, in connection with F.I.R. registered as C.R. No. I-7 of
2010 with Bhavnagar City ‘B’ Division Police Station, Bhavnagar for
the offence punishable under Sections 143, 147, 148, 149, 307, 323,
324 and 504 of the Indian Penal Code as well as Section 135 of the
Bombay Police Act.
2. Learned
Advocate for the applicants submitted that the applicants are
innocent persons and they have been falsely implicated in the alleged
offence punishable under Sections 143, 147, 148, 149, 307, 323, 324
and 504 of the Indian Penal Code as well as Section 135 of the Bombay
Police Act. He further submitted that considering the role attributed
to the applicants which is reflected in the F.I.R. at Annexure-A to
the application, the applicants deserve to be enlarged on bail.
3. Learned
A.P.P. Ms. Krina Calla representing the State, while opposing the
bail application, submitted that the applicants are involved in a
serious offence punishable under Sections 143, 147, 148, 149, 307,
323, 324 and 504 of the Indian Penal Code as well as Section 135 of
the Bombay Police Act. Considering the role played by the applicants
which is reflected in the F.I.R. at Annexure-A to the application and
the manner in which they gave stick blow to the injured, no
discretionary relief be granted to the applicants and the application
deserved to be dismissed.
4. I
have heard learned Advocate Mr. V.S. Dave appearing for the
applicants and learned A.P.P. Ms. Krina Calla appearing for the State
at length and in great detail. I have considered the rival
submissions, averments made in the application, role attributed to
the applicants which is reflected in F.I.R. at Annexure-A to the
application, provisions of Sections 143, 147, 148, 149, 307, 323,
324 and 504 of the Indian Penal Code as well as Section 135 of the
Bombay Police Act, quantum of punishment etc. and considering the
fact that the applicants were armed with stick and they gave stick
blow to the injured and injured after sustaining injuries were
admitted in the hospital and subsequently discharged from the
hospital, I am of the view that the applicants deserve to be enlarged
on bail without discussing the evidence in detail.
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. I-7 of 2010 registered at Bhavnagar City ‘B’ Division
Police Station, Bhavnagar on executing a bond of Rs. 10,000/- (Rupees
ten thousand only) each 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
to enter in the Bhavnagar City;
(f) mark
their presence twice in a month at the concerned Police Station on
1st and 15th of 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.)
Shekhar
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