Gujarat High Court Case Information System
Print
CR.MA/11519/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11519 of 2010
=======================================================
THAKER
AVINASHBHAI PANKAJBHAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
RAKESH R PATEL for Applicant(s) : 1 - 2.
MR MG NANAVATI APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 07/10/2010
ORAL
ORDER
The
present application has been filed by the applicants-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet.
The
applicants-accused are charged with having committed offences
under Sections 147, 148, 149, 324, 323, 504 and 436 of the Indian
Penal Code, for which, FIR being I-C.R.No.70/2010 has been lodged at
Harij Police Station.
Learned
counsel, Mr.Rakesh Patel for the applicants submitted that earlier
the application was filed before filing of the chargesheet, which
was withdrawn and, therefore, the present application has been
filed. He further submitted that it is a case of cross complaint
where the present applicants are assaulted by the opposite party. He
submitted that the victims, who are alleged to have been assaulted
by the applicants, have been discharged from the hospital. He,
therefore, submitted that as now the chargesheet has been filed and
other co-accused have been released on bail, the present application
may be allowed.
Learned
A.P.P., Mr.Nanavati resisted the present application.
Having
heard learned counsel appearing for the applicants-accused and
learned A.P.P. for the State and having considered the papers and
also considering the nature of offence, manner in which it is
alleged to have been committed, role attributed and also considering
the fact that it is a case of cross complaint where the applicants
are also assaulted and the victims, who are alleged to have been
assaulted by the applicants, are discharged from the hospital and
are out of danger, the present applications deserves to be allowed
in view of the fact that the chargesheet has now been filed and
other co-accused have been released on bail.
Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with I-C.R.No.70/2010
registered with Harij Police Station, District : Patan on their
executing a bond of Rs.5,000/- (Rupees Five Thousand Only) each with
one solvent surety of the like amount to the satisfaction of the
lower 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 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) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change their residence without prior permission of the Court.
(f) surrender
their passport, if any, to the lower Court, within a week.
(g) mark
their presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the trial
commences.
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.)
/patil
Top