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R/CR.MA/7888/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 7888 of
2011
=========================================================
VIHABHAI
GELABHAI ROJASARA & 1....Applicant(s)
Versus
STATE
OF GUJARAT....Respondent(s)
=========================================================
Appearance:
MRJAGDHISH
SATAPARA as ADVOCATE for the Applicant(s) No. 1-2
MR
JK SHAH APP for the RESPONDENT(s) No. 1
=========================================================
CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date : 10/06/2011
ORAL ORDER
1.
RULE. Learned APP, Mr. J.K.Shah, waives service of
notice of rule on behalf of State.
2.
This is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Chotila Police Station, District Surendranagar vide C.R. No.I-58/
2011 for the offences punishable u/s. 324, 326, 504 read with 114 of
IPC.
3.
The following aspects are taken into consideration;
(I)
All offences are magistrate triable offences.
(II)
Injured has been released from the hospital long time back and also
happens to be related to accused-applicants.
(III)
No criminal history or any past antecedent.
4.
Under the circumstances, the accused-applicants are ordered to be
enlarged on regular bail in connection with offence registered with
Chotila Police Station, District Surendranagar, vide C.R.
No.I-58/2011 on their executing a bond in the sum of
Rs.15,000/-(Rupees fifteen thousand only) each with one 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 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 their presence once in a month with the concerned Police Station
between 10:00 am to 2:00 pm;
(e)
Not enter Village Rajapara, situated in Taluka Chotila for a period
of three months.
(f)
Not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
(g)
Furnish permanent address of their residence at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
(h)
Surrender their passport, if any, to the Lower Court immediately.
5.
It goes without saying that any observations touching the merits of
the case is purely for the purpose of deciding the question of grant
of bail and shall not be construed as an expression of the final
opinion in the main matter.
6.
If breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
7.
Bail before the Lower Court having jurisdiction to try the case.
8.
Rule is made absolute. Application is disposed of accordingly.
Direct service is permitted.
(J.B.PARDIWALA,
J.)
/phalguni/
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