CR.MA/13286/2011
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No. 13286 of 2011
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SURAJ KANABHAI - Applicant(s)
Versus
STATE OF GUJARAT - Respondent(s)
====================================== SNEHA A JOSHI for Applicant(s) : 1, PROSECUTOR for Respondent(s) : 1,
Appearance :
MS
MR KL PANDYA ADDITIONAL PUBLIC
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CORAM : | HONOURABLE MR.JUSTICE Z.K.SAIYED |
Date : 04/10/2011
ORDER
ORAL
1. This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicant who came to be arrested in connection with CR No. I-91 of 2010 registered at Jamnagar Panchkoshi “B” Division Police Station, for the offence punishable under Sections 302, 323, 324, 325, 504, 143, 147, 148, 149 of the Indian Penal Code and Section 135(1) of the Bombay Police Act.
2. Learned advocate Ms. Joshi for the applicant submitted that the applicant is an innocent person and he has been wrongly implicated in the commission of the offence. She also submitted that prima facie, the main ingredients of the offence are not established against the applicant. Only one injury is found on the body of the deceased and looking to the provisions of Section 299, the main ingredients about knowledge and intention are not established. Therefore, the applicant may kindly be released on bail by imposing suitable conditions.
3. Learned APP Mr. Pandya for the State submitted that considering the seriousness of the offence, in which the applicant is involved, the application of the applicant is required to be rejected.
4. Having considered the rival submissions and on perusal of the role attributed to the applicant as reflected in the FIR, police papers, provisions of Sections of the IPC and quantum of punishment and the fact that prima facie, the ingredients of the offence alleged against the applicant are not attracted, I am of the view that the applicant deserves to be enlarged on bail. This court is not entering into the detail discussion of the evidence at this stage of bail.
5. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with CR No. I-91 of 2010 registered at Jamnagar Panchkoshi “B” Division Police Station, on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one 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 act in a manner injurious to the interest of the prosecution;
[c] surrender his passport, if any, to the lower Court within a week;
[d] not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e] furnish the present 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 his residence without prior permission of this Court;
[f] maintain law and order.
6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
7. Bail bond to be executed before the lower Court having jurisdiction to try the case.
8. 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 applicant on bail.
9. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED,J.)
ynvyas
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