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CR.MA/1128020/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11280 of 2008
=========================================================
NARAJI
BABAJI VANZARA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
Mr.
Y.S.Lakhani with MR
PRAVIN GONDALIYA for
Applicant(s) : 1 - 3.
MR RC KODEKAR, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 19/09/2008
ORAL
ORDER
1. Rule.
Shri R.C.Kodekar,learned Additional Public Prosecutor,waives service
of notice of rule on behalf of respondent-State.
2. Present
application is filed by the applicants original accused Nos.1,5 and 6
under Sections 439 of the Code of Criminal Procedure for releasing
them on bail in connection with complaint being C.R.No.I-180 of 2008
registered with Adalaj Police Station for the offences punishable
under Sections 147,148,149 and 302 of the Indian Penal Code and under
Section 135 of the Bombay Police Act.
3. Shri
Y.S.Lakhani, learned senior advocate appearing for the applicants,
has submitted that cross complaints have been filed and in fact
persons of the complainant side attacked first and one person on the
side of the applicants side died for which cross complaints came to
be filed on side of the applicants prior in time and thereafter, the
present complaint has been filed. It is submitted that considering
the cause of death and the role attributed to the applicants and that
now the chargesheet is already filed and the investigation has been
concluded, there is no possibility to hamper or tamper with the
evidence on record. Therefore, it is requested to release the
applicants on bail.
4. Shri
R.C.Kodekar, learned Additional Public Prosecutor appearing on behalf
of respondent-State, while opposing the present application, has
submitted that considering the role attributed to the applicants that
they have also beaten the other persons including Sajanbhai, who has
died, they may not be released on bail.
5. Having
heard the learned advocate for the respective parties and considering
the police papers and the role attributed to the applicants and the
overt act alleged against the applicants and the cause of death of
Sajanbhai and that it is a case of cross complaints and the first
complaint was filed on behalf of applicants’ side prior in time and
as the investigation is already concluded and the chargesheet is
already filed, there is no possibility of hampering or tampering
with the evidence on record. Therefore, application submitted by the
applicants for releasing them on bail deserves to be considered.
6. Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with C.R.No.I-180 of 2008
registered with Adalaj Police Station on their
executing a bond of Rs.5,000/- (Rupees Five Thousand only) each with
one surety of the like amount to the satisfaction of the lower 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) maintain
law and order;
(d) mark
their presence before concerned Police Station on 2nd Sunday of every
English calendar month between 9.00 a.m. and 2.00 p.m. for a period
of 12 months.
(e) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(f) furnish
the address of their residence 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 Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case.
9. Rule
is made absolute. Direct Service is permitted.
(M.R.Shah,
J.)
sudhir
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