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CR.MA/1379320/2008 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13793 of 2008
============================================
THAKOR
PRATAPJI MAGNAJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
============================================
Appearance
:
MR HIMANSHU
K PATEL for Applicant(s) : 1,
MS FALGUNI PATEL
ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/11/2008
ORAL
ORDER
1. Rule.
Learned APP Ms. Falguni Patel, waives service of rule on behalf of
respondent-State.
2. This
is a successive bail application filed under Section 439 of the
Criminal Procedural Code preferred by the applicant involved in a
complaint filed by one Thakor Chaturji Babji of Manekpur in Mansa
Police Station, Taluka: Mansa, Dist. Gandhinagar, being
C.R.No.I-57/2007 dated 9.4.2007 involving in the offences covered by
Sections 147, 148, 149, 302, 323, 506(2), 336, 337 of the Indian
Penal Code and Section 135 of the Bombay Police Act.
3. Shri
Vijay Patel, learned advocate appearing for the applicant has
vehemently contended that the main accused Shri Chaudhary Vasantbhai
Baldevbhai against whom serious allegations are levelled of usage of
Dhariya and causing injuries on head is already enlarged on
bail by order dated 24.10.2008 passed in SLP (Criminal) 1678/2008 and
the applicant herein is better of in the sense that he has used
allegations against him that he had used stick and caused injury to
the deceased and, therefore, he deserves parity and to be enlarged on
bail in exercise of power under Section 439 of the Code.
4. I
have heard learned APP appearing for the respondent-State.
5. Considering
the overall facts and circumstances of the case, the offences
punishable under Section 302 read with Sections 147, 148 and 149
wherein the role attributed to the accused and usage of weapon will
be the factors to be considered, this Court in the order dated
3.8.2007 after assigning the reason in paras 7 and 7.1 rejected the
application of bail.
6. By
order dated 24.10.2008 passed in SLP (Criminal) No. 1678/2008, the
Apex Court considered the case of Chaudhary Vasantbhai Baldevbhai
against whom allegations have been levelled of usage of Dhariya
and causing injury on the head of the deceased, is enlarged on bail.
I do not see any reason that why similar benefits of discretionary
jurisdiction should not be extended to the present applicant.
7. Considering
the above order of the Apex Court, the application is allowed and the
applicant is ordered to be released on bail in connection with first
information report registered at C.R.No.I-57/2007 dated 9.4.2007 with
Mansa Police Station, on his 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;
(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) maintain
law and order;
(d) mark
his presence before the concerned Police Station on every 15th
day of each English calendar month initially for a period of 6 months
between 9.00 A.M. To 2.00 P.M.
(e) not
leave the State of Gujarat at without the prior permission of the
Sessions Court concerned;
(f) furnish
the address of his residence at the time of execution of the bond and
shall not change the resident without prior permission of the
concerned Trial Court
(g) surrender
the passport, if any, to the Lower Court within a week.
8. The
Authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
9. 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.
10. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
11. 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.
12. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
[ANANT
S. DAVE, J.]
//smita//
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