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CR.MA/1012420/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10124 of 2008
=========================================================
RAZAKBHAI
VALIBHAI BLOCH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
DEEP D VYAS for
Applicant(s) : 1,
MR.HL JANI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 22/08/2008
ORAL
ORDER
1. RULE.
Ms.H.L. Jani, learned A.P.P. waives service of Rule on behalf of the
State. In the facts and circumstances of the case and by consent of
learned advocates of both the sides, this application is taken up for
hearing today.
2. This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No.I-85 of 2008 with Una Police Station, Junagadh for the offence
punishable under Sections 302,323,325,34,143,147,148 and 149 of the
Indian Penal Code read with Section 135 of the Bombay Police Act.
3. Learned
advocate Mr.Vyas for the petitioner submitted that considering the
F.I.R. at Annexure A to the petition, the petitioner is nowhere
involved in the commission of offence and he has been falsely
implicated in the alleged offence punishable under Sections
302,323,325,34,143,147,148 and 149 of the Indian Penal Code read with
Section 135 of the Bombay Police Act. The learned advocate also
placed reliance on the P.M. report and the order passed by the
learned Additional Sessions Judge and Presiding Officer F.T.C. No.3,
Veraval Camp at Una in Criminal Misc. Application No.105 of 2008.
That the death was caused due to complication of anesthesia. The
learned advocate submitted that though the present applicant was
present in the Identification Parade undertaken by the prosecution,
he was not identified. Therefore, the learned advocate submitted that
considering the aforesaid facts and circumstances of the case, it is
a fit case to enlarge the petitioner on bail.
4. Ms.M.L.
Shah, learned A.P.P., representing the State submitted that on
perusal of P.M. report, it becomes clear that 22 injuries were
inflicted by the petitioner along with the other accused persons.
Considering the part played by the petitioner, nature of offence in
which the petitioner is involved and the manner in which the offence
committed by the petitioner, it is not a fit case to enlarge the
petitioner on bail.
5. I
have heard Mr.Vyas, learned advocate for the petitioner and Ms.M.L.
Shah, learned A.P.P. for the State at length and in great detail. I
have also perused the averments made in the petition, F.I.R. at
Annexure A to the petition, the P.M. report, the order passed by the
learned Judge in Criminal Misc. Application No.105 of 2008 and the
reasons assigned therein. The petitioner is booked for the offence
punishable under Sections 302,323,325,34,143,147,148 and 149 of the
Indian Penal Code read with Section 135 of the Bombay Police Act.
Considering the role played by the petitioner in the alleged offence
and the reasonings given by the learned Judge in Criminal Misc.
Application No.105 of 2008 as well as the P.M. report, the death of
the deceased was caused due to the complication of anesthesia which
was administered to him.
6. In
view of the aforesaid facts and circumstances of the case and without
entering into the merits of the case, I am inclined to exercise my
discretion in favour of the petitioner.
7. In
the facts and circumstances of the case, the application is allowed
and the petitioner is ordered to be enlarged on bail in connection
with CR No.I-85 of 2008 registered at Una Police Station on executing
a bond of Rs.10,000/- [Rupees ten thousand only] with one surety each
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
act in a manner injurious to the interest of the prosecution;
[c] surrender
his 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
his 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 his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g] maintain
law and order.
8. 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.
9. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
10. 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 petitioner on bail.
Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
[H.B.
Antani, J.]
Hitesh
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