Kishor Prabhat Gohil Vs. State of Gujarat and 5 - Court Judgment

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL

MISC.APPLICATION No. 13902 of 2011

=========================================================

KISHOR

PRABHAT GOHIL - Applicant(s)

Versus

STATE

OF GUJARAT & 5 - Respondent(s)

=========================================================

Appearance

:
MR

PP MAJMUDAR for

Applicant(s) : 1,
MR KL PANDYA, APP for Respondent(s) :

1,
=========================================================

Date

: 05/10/2011

ORAL ORDER

1. Rule.

Mr. K.L.Pandya, learned APP waives service of Rule on behalf of the

respondent.

2. This

Application has been preferred under Section 439 of the Code of

Criminal Procedure, 1973 in connection with the offence being CR

No.I-125 of 2011 registered with Panigate Police Station, Dist.

Vadodara for the offences u/s. 307, 323, 504 of the IPC and under

Section 135 of the Bombay Police Act.

3. Heard

Mr.P.P.Majmudar, learned counsel for the applicant. Mr.Majmudar has

submitted under instructions of his client that injured is discharged

from the hospital. He has submitted that charge-sheet is filed. He

has submitted that applicant will be available during trial. He has,

therefore, prayed for grant bail to the present applicant.

4. Heard

Mr. K.L.Pandya, learned APP for the respondent State. Mr.Pandya has

vehemently opposed the present application. He has contended that

injury is caused on vital part of the body and looking to the said

offence the applicant is required to be granted bail.

5. Having

heard the learned Counsel for both the sides and looking to the facts

and circumstances of the case, statement of the witnesses, gravity of

the offence and quantum of punishment and the fact there is no

definite allegation made against the applicant, I am inclined to

grant bail to the applicant.

6. Considering

the above, this Application is allowed. The applicant is ordered to

be released on bail in connection with CR No.I-125 of 2011 registered

with Panigate Police Station, Dist. Vadodara for the offence alleged

against him in this Application on his executing a Bond of

Rs.10,000/- (Rupees ten thousand only) with one solvent 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

to try to tamper or pressurise the prosecution witnesses or

complainant in any manner;

c) maintain

law and order and should cooperate the Investigating Officer;

d) not

act in a manner injurious to the interest of the prosecution;

e) not

to enter area of Panigate Police Station and mark presence at

Sayajigunj Police Station on every 15^th of the month

between 9:00 a.m. to 2:00 p.m.

f) not

leave the country without the prior permission of the concerned

Sessions Judge;

g) furnish

the address of his residence to the I.O. 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;

h) surrender

his passport, if any, to the lower Court within a week.

7. If

the 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. Direct service is permitted.

(Z.K.SAIYED, J.)

kks