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CR.MA/15519/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15519 of 2010
=========================================
PRAFUL
@ BHAILO DHANJIBHAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
KAMAL M SOJITRA for
Applicant(s) : 1 - 2.
MR KARTIK PANDYA, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 12/01/2011
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Code of Criminal Procedure after the
charge-sheet is filed, which is a successive bail application after
Criminal Misc. Application No.11985 of 2010 was withdrawn.
2. The
applicant accused is charged with having committed offence under
Sections 397, 395, 332, 427, 323, 504 & 506(2) of IPC and under
Section 3(1)(c) of Prevention of Damages to Public Property Act, 1984
and Sec. 135 of Bombay Police Act for which FIR being C.R.No.
I-41/2010 has been registered with Bhanwad Police Station.
3. Learned
counsel Mr. Kamal Sojitra submitted that considering the nature of
offence and the manner in which it is alleged to have been committed,
present application may be allowed as now the charge-sheet has been
filed. He has also submitted that as stated in the FIR itself, there
was some gambling and when victim police personnel went there, the
incident has occurred. He, therefore, submitted that present
application may be allowed.
4. Learned
APP Mr. Kartik Pandya resisted the application and submitted that
when the police personnel tried to prevent the gambling, the accused
attacked.
5. Having
heard the learned Advocate Mr. Sojitra for the applicant and learned
APP Mr. Kartik Pandya and having considered the nature of offence and
the role attributed and also the fact that the charge-sheet has been
filed, present application deserves to be allowed subject to the
conditions hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being C.R.No.
I-41/2010 registered with Bhanwad Police Station, on his executing a
bond of Rs.5,000/- (Rupees Five Thousand) with one solvent surety of
the like amount to the satisfaction of the lower Court and subject
to the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his 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 to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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