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CR.MA/10169/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10169 of 2010
======================================
SAMAT
LAKHMAN GOJIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MS. KRUTI M SHAH for
Applicant(s) : 1,
MS MINI NAIR APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 28/09/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
section 439 of Criminal Procedure Code for regular bail after filing
of the charge sheet.
The
applicant-accused are charged with having committed offences
under sections 302, 143, 147, 148 and 149 of Indian Penal Code as
well as section 135(1) of Bombay Police Act, for which, FIR has been
lodged being I-C.R.No.9/2010 at Jam-Kalyanpur Police Station,
Dist.Jamnagar.
Learned
advocate Ms.Kruti Shah for the applicant submitted that applicant is
the original accused No.7, who is attributed with the stick blow and
the case of the present applicant accused is also similarly situated
to the co-accused, who has been already released on bail. Ms.Shah,
learned advocate for the applicant referred to the First Information
Report regarding nature of offence, and the manner in which it is
alleged to have been committed and submitted that it is the case of
the circumstantial evidence and as now charge sheet has been filed,
present application may be allowed.
Learned
A.P.P., Ms.Mini Nair resisted the present application. She referred
to the statements of witnesses and submitted that the role has been
attributed to the present applicant accused ad the clothes recovered
are having blood stains.
Having
heard learned advocate Ms.Shah for the applicant and learned APP
Ms.Nair and also considering the nature/gravity of offence, manner
in which it is alleged to have been committed, role attributed that
is blow with wooden log or stick and the fact that charge sheet is
filed, present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.9/2010
registered at Jam-Kalyanpur Police Station, Dist.Jamnagar on his
executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one
solvent surety of the like amount to the satisfaction of the lower
Court and subject to the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on every 1st
Monday of every English calender month between 11:00 AM to 2:00 PM.
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
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.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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