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CR.MA/14271/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14271 of 2010
=========================================
ROHITBHAI
GORDHANBHAI RAJPUT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR BS PATEL for Applicant(s) :
1,
Mr LR Pujari, Addl.PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/12/2010
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- 90 of 2010 with Vadodara Rural Police Station, for
the offences punishable under Sections 304 and 337 of the Indian
Penal Code.
2. Mr B.S.
Patel, learned Advocate for the applicant submits that considering
the averments made in the complaint, no offence could have been
registered under section 304 of IPC in absence of any intention to
cause injury to the deceased. It is further submitted that by way of
precaution to prevent the crop of paddy from animals, wired fencing
was made. The applicant is ready and willing to abide by any
conditions and, therefore, by imposing suitable conditions, the
applicant can be enlarged on bail.
3. Considering
all the above aspects, prima facie, there was no intention on the
part of the applicant to cause death to the deceased and now that
investigation is completed, I am inclined to enlarge the applicant
on bail.
Heard learned
APP Mr. for the respondent – State.
Learned counsel
for the parties do not press for further reasoned order.
4. 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, 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- 90 of 2010 with
Vadodara Rural 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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