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Gujarat High Court
Rashidkhan vs State on 18 March, 2011
Author: Akil Kureshi,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/2322/2011	 3/ 3	ORDER 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 2322 of
2011 
=========================================================

 

RASHIDKHAN
AMIRKHAN JATMALEK & 1 - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
PS CHAMPANERI for
Applicant(s) : 1 - 2. 
MR LB DABHI, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	

 

Date
: 18/03/2011 

 

ORAL
ORDER

1. The
learned
Counsel for the petitioners submitted that the petitioners are in
jail since 04.06.2009. He submitted that the trial will take a long
time to complete. From the documents on record, he pointed out that
insofar as the present petitioners are concerned, no role is
attributed to them of having caused any injuries to the deceased or
anyone else, on the side of the complainant. He, further, submitted
that the firing from fire arms, which caused fatal injuries, was done
by the other accused. He, further, pointed out that a co-accused
Nasirkhan Bismillakhan Jatmal has been released on bail by this
Court, by an order dated 08.02.2011.

2. On
the other hand, learned APP opposed this petition, contending that
the petitioners were present at the scene of offence and supported
the other accused, when the incident took place.

3. It
appears that the are in jail since June, 2009. the trial is unlikely
to complete shortly. Co-accused has been released on bail. Further,
I have also perused the FIR as well as the documents accompanying
this petition. The role of the petitioners is stated in the FIR.
The petitioners are not stated to have fired from any fire arms or
have given any fatal blow to the deceased with the help of any other
weapon. Considering
the above, prima facie,
aspects of the matter and considering
that the trial is unlikely to complete shortly and since
charge-sheet is also filed,
I find this is a fit case for granting bail. Under the circumstances,
the petitioners are ordered to be released on bail in connection with
C.R. NO. I-39/2009,
registered with PATDI
POLICE STATION, for
the offences punishable under Sections-302, 307, 324, 343, 147, 148,
149 of the Indian Penal Code, Section-25(1)(d) of the Arms Act and
Section-135 of the Bombay Police Act, on their furnishing bond of
Rs.25,000/-(Rupees Ten Thousand), by EACH
of them, with one surety of the like amount to the satisfaction of
the lower Court and subject to the conditions that, they shall:

(1). not
take undue advantage of the liberty or abuse the liberty;

(2). not
act in a manner injurious to the interest of the prosecution;

(3). maintain
law and order;

(4). mark
presence before the SURENDRANAGAR CITY Police Station
on every 1st and 15th day of English Calendar
month between 11:00 a.m. to 2:00 p.m.;

(5). not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;

(6). furnish
the address of residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;

(7). surrender
the passports, if any, to the Lower Court immediately

(8) NOT
ENTER within the revenue limits of PATDI TALUKA,
till the completion of the trial.

4. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.

5. Bail
before the Lower Court having jurisdiction to try the case.

6. Rule
is made absolute. Direct service is permitted.

(AKIL
KURESHI, J.)

Umesh/

   

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