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CR.MA/13701/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13701 of 2010
=========================================
RAKESHBHAI
BALABHAI CHAMAR & 1
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR HEMANT B RAVAL for
Applicants
MR KARTIK PANDYA APP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 29/11/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered at
C.R.No.I – 151 OF 2010 with Dabhoda Police Station,
Gandhinagar for the offences punishable under Sections 302, 506(2)
and 114 etc. of the Indian Penal Code and under Section 135 of the
Bombay Police Act.
Mr.Hemant
Raval, learned counsel appearing for the applicants submits that the
allegations against the applicants are to the extent that they had
lifted the deceased and thrown on the ground, while one Jayantibhai
had inflicted blow the wooden log on the head of deceased which
turned out to be fatal. It is submitted that the applicants are
falsely implicated in the offence and considering the allegations in
the context of the postmortem report, injuries caused and nature of
the dispute, by imposing suitable conditions, the applicants may be
enlarged on bail.
Mr.Kartik
Pandya, learned APP for the respondent – State has strongly
opposed this application and submitted that the applicants have
committed serious offences and they may not be enlarged on bail.
Having
heard learned counsel for the parties and perusing the record of the
case and considering the nature of offence and role attributed to
the applicants and the allegations in the context of the postmortem
report, injuries caused and nature of the dispute, I am inclined to
enlarge the applicants on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with First Information Report registered at C.R. No.I – 151 of
2010 with Dabhoda Police Station, Gandhinagar on executing bond of
Rs.10,000/- [Rupees Ten Thousand Only] each with one surety of the
like amount to the satisfaction of the trial Court and subject to
the conditions that they shall;
(a) not
take undue advantage of liberty or misuse liberty;
(b) not act in a manner
injurious to the interest of the prosecution;
(c) surrender their
passports, if any, to the lower Court within a week;
(d) not leave the State
of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark their presence
at the concerned Police Station on the first Sunday of every month
between 10.00 a.m and 3.00 p.m for three months only;
(f) furnish the present
addresses of residences to the Investigating Officer and also to the
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
The
Authorities will release the applicants only of they are not
required in connection with any other offence for the time being.
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.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
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 applicants on bail.
Rule
is made absolute to the aforesaid extend. Direct Service is
permitted.
[
ANANT S. DAVE, J. ]
vijay
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