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CR.MA/170/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 170 of
2010
=========================================================
RAMESHCHANDRA
HONSIYARSIGH YADAV & 7 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
SK PATEL for
Applicant(s) : 1 - 8.
MS. MANISHA L. SHAH, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 27/01/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicants for regular bail, who came to be
arrested, in connection with F.I.R. registered as C.R. No. I-491 of
2009 with Sector-7 Police Station, Gandhinagar for the offence
punishable under Sections 143, 147, 148, 149, 332, 333, 307, 337,
338, 120 (B), 186 and 188 of the Indian Penal Code, Section 135 of
Bombay Police Act and Section 3 & 7 of Public Property Damage
Act.
2. Learned
advocate for the applicants submitted that the applicants are not
prima-facie involved in the alleged commission of offence and false
case is foisted on them. Learned advocate placing reliance on the
F.I.R. submitted that considering the role attributed to the
applicants no overt act can be said to have been committed by them
and, therefore, the applicants deserve to be enlarged on bail.
Learned advocate has placed reliance on the two orders dated
24.12.2009 passed by this Court in Criminal Misc. Application No.
14006 of 2009 and the order dated 24.12.2009 in Criminal Misc.
Application No. 14004 of 2009 and submitted that considering the
role attributed to the applicants since at the most they are facing
the charge under Section 307 of the Indian Penal Code, they deserve
to be enlarged on bail.
3. Learned
A.P.P. Ms. Manisha L. Shah, representing the State, while opposing
the bail application, submitted that the applicants are involved in a
serious offence punishable under Sections 143, 147, 148, 149, 332,
333, 307, 337, 338, 120 (B), 186 and 188 of the Indian Penal Code,
Section 135 of Bombay Police Act and Section 3 & 7 of Public
Property Damage Act. The applicants were present in the mob and each
of them committed assault on the police officer and the same is
reflected in the F.I.R. at Annexure-A to the application and in the
police papers. Considering the fact that the police officer sustain
injuries in the assault wherein the applicants are involved, the
applicants cannot claim parity with the other co-accused, who were
already released by this Court by order dated 24.12.2009. Thus the
learned A.P.P. submitted that no discretionary relief be granted to
the applicants and the application is deserve to be dismissed.
4. I
have heard learned advocate Mr. S.K. Patel appearing for the
applicant and learned A.P.P. Ms. Manisha L. Shah appearing for the
State at length and in great detail. I have considered the averments
made in the application, role attributed to the applicants which is
reflected in F.I.R. at Annexure-A to the application. The applicants
were armed with the weapons and they committed assault on the police
officer who sustain the injuries. After sustaining injuries, the
officer was admitted in the hospital and subsequently he has been
discharged. Considering the aforesaid aspect and the role attributed
to each of the applicants, I am of the view that the applicants
deserve to be enlarged on bail. However, stringent terms and
conditions are required to be imposed while releasing them on bail.
5. In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with C.R. No. I-491 of 2009 registered at Sector-7 Police Station,
Gandhinagar on executing a bond of Rs. 30,000/- (Rupees thirty
thousand only) each with two sureties each 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 their liberty or abuse their liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
their passport, if any, to the lower court within a week.
(d) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) mark
their presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
(f) furnish
the present address of their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change
their residence without prior permission of this Court;
(g) maintain
law and order.
6. 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.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. 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.
9. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.ANTANI,J.)
Shekhar
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