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Gujarat High Court
Rajubhai vs State on 20 December, 2010
Author: Anant S. Dave,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/14231/2010	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 14231 of 2010
 

 
 
=========================================
 

RAJUBHAI
GULABHBHAI BHEDI - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

========================================= 
Appearance
: 
MR VB MALIK
for Applicant(s) : 1, 
Ms
Krina Calla, Addl.PUBLIC PROSECUTOR for Respondent(s) :
1, 
=========================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S. DAVE
		
	

 

 
 


 

Date
: 20/12/2010 

 

 
 
ORAL
ORDER

1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I-112 of 2010 with Limkheda Police Station, for the
offences punishable under Sections 302, 301 of the Indian Penal
Code.

2. Mr. learned
counsel appearing for the applicant submits that the case against
the applicant is based on circumstantial evidence and nothing appears
on the record connecting the applicant with the crime except
statement of certain persons. At the same time, the deceased who
was in the habit of consuming liquor, had abused the sister of the
applicant and some quarrel took place but so far as the theory of
prosecution is concerned about strangulation of death of the deceased
by the applicant, there is no material and now that investigation is
completed, the applicant may be enlarged on bail

Heard learned
APP for the respondent – State.

3. Having heard
learned counsel for the parties and perusing the record of the case
and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences and the case against the applicant is based
on circumstantial evidence and nothing appears on the record
connecting the applicant with the crime except statement of certain
persons. I am inclined to enlarge the applicant on bail.

Learned counsel
for the parties do not press for further reasoned order.

4. In the facts
and circumstances of the case, the application is allowed and the
applicant is ordered to be released on bail in connection with first
information report registered being C.R. No.I-112 of 2010 with
Limkheda Police Station 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 he
shall;

not
take undue advantage of liberty or misuse liberty;

not
act in a manner injurious to the interest of the prosecution;

surrender
passport, if any, to the lower court within a week;

not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;

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;

furnish
the present 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;

The
Authorities will release the applicant 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 applicant on bail.

Rule
is made absolute to the aforesaid extent. D.S. Permitted.

(ANANT
S. DAVE, J.)

msp

   

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