Salmankhan Misrikhan Pathan Vs. State of Gujarat - Court Judgment

Excerpt:
.....section 173 further provides that where upon further investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall also forward to the magistrate a further report regarding such evidence and the provisions of sub-section (2) of section 173, cr.p.c., shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). thus, the report under sub-section (2) of section 173 after the initial investigation as well as the further report under sub-section (8) of section 173 after further investigation constitute "police report" and have to be forwarded to the magistrate empowered to take cognizance of the offence. r.p. kapur moved the punjab high court under section..........procedure code praying for regular bail in connection with offence registered at vidyanagar police station, vide c.r.no.i-14 of 2011 for the offences punishable under sections 143, 147, 148, 149, 302, 307, 324 and 504 of ipc coupled with sections 3(1)(10) and 3(2)(5) of the prevention of atrocities act.3. heard learned advocate mr barot for the applicant-accused and mr kodekar, learned app for the state. perused the fir and papers of the chargesheet.4. learned advocate mr barot would submit that the chargesheet is filed and the applicant herein has been attributed of having inflicted one blow with an iron pipe on the head of the complainant and one another witness named mahesh solanki.5. considering the role ascribed to the applicant-accused, the nature of allegations levelled.....

Judgment:
1. Rule. Learned APP, Mr Kodekar, waives service of notice of rule for and 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 at Vidyanagar Police Station, vide C.R.No.I-14 of 2011 for the offences punishable under Sections 143, 147, 148, 149, 302, 307, 324 and 504 of IPC coupled with Sections 3(1)(10) and 3(2)(5) of the Prevention of Atrocities Act.

3. Heard learned advocate Mr Barot for the applicant-accused and Mr Kodekar, learned APP for the State. Perused the FIR and papers of the chargesheet.

4. Learned advocate Mr Barot would submit that the chargesheet is filed and the applicant herein has been attributed of having inflicted one blow with an iron pipe on the head of the complainant and one another witness named Mahesh Solanki.

5. Considering the role ascribed to the applicant-accused, the nature of allegations levelled against the applicant-accused in the FIR and the papers of chargesheet, I am persuaded to exercise my discretion in favour of the applicant-accused taking into consideration the following aspects :-

(1) There is no allegation against the accused-applicant having caused any injury on the body of the deceased;

(2) The only role attributed to the accused-applicant is that of having inflicted one blow on the head of the complainant and one another witness with an iron pipe;

(3) Investigation is over and chargesheet is filed;

(4) It is brought to my notice that two identically situated co-accused have been ordered to be enlarged on bail by this Court vide order dated 15.3.2011 passed in Criminal Misc. Application No.2933 of 2011.

6. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with CR No.I-14 of 2011 registered with Vidyanagar Police Station on his executing a bond in the sum of Rs.15,000/- (Rupees fifteen thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall,

1. not take undue advantage of his liberty or abuse his liberty;

2. not act in a manner injurious to the interest of the prosecution;

3. mark his presence before the concerned Police Station on 1^st Sunday of every month between 10:00 am to 3:00 pm for three months only:

4. not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

5. furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;

6. surrender his passport, if any, to the Lower Court within a week.

7. The authorities will release the applicant only if not required in connection with any other offence for the time being.

8. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

9. Bail before the Lower Court having jurisdiction to try the case.

10. Rule is made absolute. Application is disposed of accordingly.

Direct service is permitted.