Firozbhai Ganibhai Sodha Vs. State of Gujarat - Court Judgment

Excerpt:

Judgment:

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL

MISC.APPLICATION No. 13899 of 2011

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

FIROZBHAI

GANIBHAI SODHA - Applicant(s)

Versus

STATE

OF GUJARAT - Respondent(s)

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

Appearance

:
MR

RD DAVE for

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

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

Date

: 03/10/2011

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-6 of 2011 registered with Vanthali Police Station for the

offences u/s. 307, 325, 504 of the IPC and u/s. 135 of the Bombay

Police Act.

3.

Heard Mr.R.D.Dave, learned counsel for the applicant. Mr.Dave has

contended that injured person has already been discharged from the

hospital. He has further contended that present applicant is local

resident and he will be available during trial. He has, therefore,

contended that present applicant is required to be enlarged on bail.

4. Heard

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

vehemently opposed the present application.

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-6 of 2011 registered

with Vanthali Police Station 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 Vanthali Police Station.

f) mark

presence at Junagadh City police Station every last day of the month

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

g) not

leave the country without the prior permission of the concerned

Sessions Judge;

h) 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;

i) 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