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CR.MA/11728/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11728 of 2011
======================================
SABBIRKHAN
DOSHANKHAN NAGORI, JAMAD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
TUSHAR CHAUDHARY for Applicant(s) : 1 - 2.
MR MAULIK PRAJAPATI
ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/09/2011
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicants, who came to be arrested in connection
with CR No. I – 43 of 2011 registered at Chhapi Police Station,
District : Banaskantha, for the offence punishable under Sections
302, 332, 337, 186, 143, 147, 148, 149, 504, 506(2), 323 and 353 of
the of the Indian Penal Code and Sections 3 and 5 of the Damages to
the Public Property Act.
2. Learned
advocate Mr. Tushar Chaudhary for the applicants submitted that the
applicants are innocent and they have been wrongly arraigned in the
prosecution case. He also submitted that the ingredients of the
alleged sections are not attracted the present applicants. He also
submitted that the applicants have given fist blows to one Daudbhai
Yusufbhai Badarpura, when the scuffle took place and due to fist
blows, the deceased fell down and died. As per the P.M. Report, the
cause of death of the deceased is acute myocardial infuriation. He
also submitted that charge-sheet is also filed and investigation is
over. Therefore, he prayed to enlarge the applicants by imposing
suitable conditions.
3. Learned
APP Mr. Maulik Nanavati for the State strongly opposed the bail
application of the applicants. He submitted that the applicants are
involved in the serious offence punishable under Sections 302, 332,
337, 186, 143, 147, 148, 149, 504, 506(2), 323 and 353 of the of the
Indian Penal Code and Sections 3 and 5 of the Damages to the Public
Property Act and therefore, discretion may not be exercised in favour
of the applicants.
4. Having
considered the rival submissions and on perusal of the role
attributed to the applicants as reflected in the FIR, police papers,
provisions of Sections 302, 332, 337, 186, 143, 147, 148, 149, 504,
506(2), 323 and 353 of the of the Indian Penal Code and Sections 3
and 5 of the Damages to the Public Property Act, quantum of
punishment, P.M. report etc., I am of the view that the applicants
deserve to be enlarged on bail. At the stage of bail, this Court is
not going into merit of the case.
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 CR No. I – 43 of 2011 registered at Chhapi Police Station,
District : Banaskatha on their executing bond of Rs.10,000/- each
[Rupees ten thousand only] with one surety 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) furnish
the 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 the residence
without prior permission of this Court;
g) surrender
their passport, if any, to the lower Court within a week.
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
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
8. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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