Gujarat High Court Case Information System
Print
CR.MA/14681/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14681 of 2011
=========================================================
RAJAN
LAXMANPRASAD KUSHVAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MATAFER R PANDE for
Applicant(s) : 1,
MS CHETNA SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 09/11/2011
ORAL ORDER
1. This
Application has been preferred under Section 439 of the Code of
Criminal Procedure, 1973 in connection with the offence being CR
No.I-98 of 2011 registered with Kapodara Police Station, Surat for
the offences u/s. 307, 326, 114 and 188 of the IPC.
2. Heard
Mr. M.R.Pande, learned counsel for the applicant. He has submitted
that injured have been discharged from the hospital within five days.
He has submitted that looking to the role attributed to the present
applicant ingredient of Section 307 of the IPC are not attracted. He
has submitted that present applicant will be available during the
trial and he will not temper with the evidence. He has prayed to
enlarge present applicant on bail.
3. Heard
Ms.Chetna Shah, learned APP for the respondent State. Ms.Shah has
vehemently opposed the present application. She has submitted that
looking to the contents of the Medical Certificate the injured person
has received serious injury. She has submitted that looking to the
seriousness of offence bail application of the present applicant is
required to be rejected.
4. I
have perused the Medical Certificate and papers. Having heard the
learned Counsel for both the sides and looking to the facts and
circumstances of the case, statement of the witnesses, gravity of the
offence and quantum of punishment and the fact there is no definite
allegation made against the applicant, I am inclined to grant bail to
the applicant.
5. Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No.I-98 of 2011 registered
with Kapodara Police Station, Surat for the offence alleged against
him in this Application on his executing a Bond of Rs.10,000/-
(Rupees ten thousand only) with one solvent surety of the like amount
to the satisfaction of the trial 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 pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) mark
presence before the concerned Police Station on every 1st
and 15th of the month.
f) not
leave the Surat City without the prior permission of the concerned
Sessions Judge;
g) furnish
the address of his 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;
h) surrender
his passport, if any, to the lower Court within a week.
6. If
the 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.
7. 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.
8. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.)
kks
Top