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CR.MA/12307/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12307 of 2010
=========================================================
THAKORE
TALAJI DHARSHIJI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
VIRAT G POPAT for
Applicant(s) : 1 - 2.
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 28/10/2010
ORAL
ORDER
1. The
present application has been filed by the applicants for grant of
regular bail under Section 439 of Code of Criminal Procedure, 1973.
2. The
applicants accused are charged with having committed offence under
Sections 307, 324, 504, 441 and 34 of the I.P.Code for which FIR
being C.R.No. I-127 of 2010 has been registered with Deodar Police
Station.
3. Learned
Advocate Mr.Popat referred to the papers and submitted that the
incident occurred with regard to the boundaries of the field where
the applicants are said to have assaulted with the sward and other
weapon. However, he submitted that the victim has been discharged
from the hospital long back and out of danger and other co-accused
have been released, the present application may be allowed.
4.
Learned APP Ms. Nair submitted that there were two injured and they
were required to take treatment as indoor patient for which she
produced the medical certificate. Learned APP, therefore submitted
that as the charge-sheet is not filed, present application may not be
entertained.
5. Having
heard the learned Advocate Mr. Popat as well as learned APP Ms.Nair
and having considered the nature of offence, the role attributed and
also considering the fact that though the victims were admitted in
the hospital and required to take treatment for a week or 10 days,
the fact remains that they are discharged from the hospital and out
of danger. Therefore, without any further elaboration, the present
application deserves to be allowed subject to the conditions
hereinafter.
6. Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with the F.I.R. being C.R.No.
I-127 of 2010 registered with Deodar Police Station, on their
executing a bond of Rs.5,000/- (Rupees Five Thousand) 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 with the investigating officers.
(e) mark
their presence before concerned Police Station on 1st
Monday of every month of English calender between 11:00 AM to 2:00 PM
till the charge-sheet is filed;
(f) 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.
(g) surrender
their passport, if any, to the lower Court, within a week.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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