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CR.MA/2304/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2304 of 2011
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PATEL
GORDHANBHAI ISHWARDAS & 6 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR YOGESH S
LAKHANI Senior Advocate with PS GONDALIA for M/S
S G ASSOCIATES for Applicant(s) : 1 - 7.
MR AJ DESAI APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/02/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.141/2010 with Mansa Police Station, Gandhinagar for the
offences punishable under Sections 147, 148, 149, 302, 307, 326,
325, 324, 323, 452, 435, 436, 427, 504, 506(2) of Indian Penal Code
and Section 135 of the Bombay Police Act.
Mr.
Yogesh S. Lakhani learned Senior Counsel with learned Advocate Mr.
P.S. Gondalia appearing for the applicants submits that the genesis
of the First Information Report is in the religious event of ‘108,
Kundi Yagna’ at the temple of Mahalkali Mataji at Ridrol Village
which was organized by people of all communities and they were also
invited for ‘Prasad Bhojan’ and meanwhile, on a trivial issue a
scuffle took place and there was a free fight between members of
all communities and one injured person namely Balaji Punjaji
Thakore succumbed to the injuries. It is submitted that as per the
prima facie report of the investigating officer, as verified by the
learned APP, none of the applicants inflicted injury either upon the
deceased or any other person, who has received grievous injuries.
Considering the above, in the context of huge gathering, allegations
are made against each other and many members of the community are
implicated falsely and therefore, by imposing suitable conditions,
they may be enlarged on bail since the charge-sheet is filed and
investigation is over.
I
have heard learned APP Mr. AJ Desai for the respondent-State, who is
unable to dispute the role attributed to the applicants as stated by
the learned Senior Counsel for the applicants.
Considering
the police papers along with the charge sheet, a perusal of the
order dated 10.02.2011 passed by the learned Additional Sessions
Judge and Fast Track Judge, Gandhinagar, I am of the prima-facie
opinion that in a mob consisting of about 500 persons, at this
stage, the role of the applicants accused cannot be discerned, but
at the same time prima facie even as per the report of the
investigating officer, as verified by the learned APP, none of the
applicants inflicted injury either upon the deceased or any other
person, who has received grievous injuries except for simple
injuries on some of the members of the other community.
In
view of the above, and considering the order dated 21.02.2011
passed by this Court in Criminal Misc. Application No.2031 of 2011,
I am inclined to consider the case of all the applicants and
accordingly, the applicants are enlarged on bail by imposing
suitable conditions.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with First Information Report registered as I-C.R. No. 141/2010 with
Mansa Police Station, Gandhinagar on executing a bond of Rs.5,000/-
(Rupees Five Thousand Only) with one 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 liberty or misuse liberty;
b)
not act in a manner injurious to the interest of the prosecution;
c)
surrender passport, if any, to the lower court within a week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
f)
furnish the present address of their residence to the Investigating
Officer 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;
The
authorities will release the applicants only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to
try the case.
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.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Anant
S. Dave, J.)
*pvv
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