Bharatbhai Karsanbhai Ahir. Vs. State of Gujarat. - Court Judgment

Excerpt:
[p. sathasivam ; h.l. gokhale, j.j.] - the indian penal code, 1860 section 302 - punishment for murder -- sunil yadav s/o musafir yadav was instituted. sunil yadav was instituted. on 29.04.1997, about 5:30 a.m., at nawada sadar hospital, si anil kumar gupta recorded the statement of sunil yadav s/o musafir yadav and on the basis of his statement fir no 12/97 was registered with govindpur p.s under sections 147, 148, 149, 323, 324, 307, 447 ipc against upendra yadav, rambalak yadav, basudev yadav, anil yadav, manager yadav, ganuari yadav, damodar yadav, suresh yadav, umesh yadav, muni yadav and naresh yadav. the charge-sheet bearing no. 12/97 was submitted in fir no. 11/97 p.s. govindpur, on 30.06.1997 against brahamdeo yadav, sunil yadav, darogi mahto, maho yadav, paro mahto, kuldeep yadav, sudhir yadav, bale yadav, shivan yadav and suraj yadav and sunil yadav who was later instituted. the charge sheet bearing no. 36/97 was also submitted in fir no. 12/97 p.s. govindpur, on 17.12.1997 against upendra yadav, rambalak yadav, basudev yadav, anil yadav, manager yadav, ganuari yadav, damodar yadav, umesh yadav, muni yadav and naresh yadav except suresh yadav s/o kesho yadav as he had died. informant-naresh yadav (pw-9) informant-sunil yadav (a9 in fir 11/97) brahmdeo yadav, darogi mahto, sunil s/o bale yadav, maho yadav, kuldeep yadav, bale yadav, suraj yadav, shiv nandan yadav, sunil yadav s/o musafir yadav, sudhir yadav and paro mahto, total 11 persons forming a group came there and surrounded them. brahmdeo yadav, sunil yadav, darogi mahto and maho yadav were armed with rifle. bale yadav, kuldeep yadav, shiv nandan yadav and suraj yadav were armed with gandassa. kuldeep yadav gave gandassa blow to munshi yadav.1. heard the learned advocate for the applicant and learned app for the respondent-state.2. this application is filed by the applicant under section 439 of cr.p.c. for releasing him on regular bail in connection with the offence registered vi de cr no. i-414/2009 at umara police station,, surat, for the offence punishable under sec. 143, 147, 149, 302, 326, 188, 504, 120-b, 212, 34 and 114 of ipc.3. the learned advocate for the applicant has submitted that previously the bail application filed by the applicant has been rejected by this court, however, the hon'ble supreme court has released co-accused on bail and that decision i s binding to this court.mr dave has produced the copy of the order dated 17.1.20 11 passed by the hon'ble supreme court. mr dave has, therefore, prayed to release the applicant on regular bail.4. as against this, learned app mr hl jani has strongly opposed this application and read the order passed by the trial court.5. i have gone through the order passed by the trial court as well as the papers produced on record of the case. looking to the allegations levelled against the applicant, i am inclined to release him on regular bail.6. learned advocates for the parties do not press for reasoned order.7. considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with cr no. i-414/200 9 registered at umara police station, surat for the offences alleged against him in this application on his executing bond of rs. 10,000/- (rupees t en thousand only) with one solvent surety of the like amount to the satisfaction of the lower 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) not leave the local limits of state of gujarat without the prior permiss ion of the concerned sessions judge.d) 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;e) surrender his passport, if any, to the lower court within a week;8. the authorities will release the applicant only if he is not required in connection with any other offence for the time being.9. if 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.10. bail bond to be executed before the lower court having jurisdiction to try the case.11. at the trial, the trial court shall not be influenced by the observation s of preliminary nature, qua the evidence at this stage, made by this court while enlarging the applicant on bail.12. rule is made absolute to the aforesaid extent. direct service is permitted.

Judgment:
1. Heard the learned advocate for the applicant and learned APP for the respondent-State.

2. This application is filed by the applicant under section 439 of Cr.P.C. For releasing him on regular bail in connection with the offence registered vi de CR No. I-414/2009 at Umara Police Station,, Surat, for the offence punishable under sec. 143, 147, 149, 302, 326, 188, 504, 120-B, 212, 34 and 114 of IPC.

3. The learned advocate for the applicant has submitted that previously the bail application filed by the applicant has been rejected by this Court, however, the Hon'ble Supreme Court has released co-accused on bail and that decision i s binding to this Court.Mr Dave has produced the copy of the order dated 17.1.20 11 passed by the Hon'ble Supreme Court. Mr Dave has, therefore, prayed to release the applicant on regular bail.

4. As against this, learned APP Mr HL Jani has strongly opposed this application and read the order passed by the trial Court.

5. I have gone through the order passed by the trial Court as well as the papers produced on record of the case. Looking to the allegations levelled against the applicant, I am inclined to release him on regular bail.

6. Learned advocates for the parties do not press for reasoned order.

7. Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR No. I-414/200 9 registered at Umara Police Station, Surat for the offences alleged against him in this application on his executing bond of Rs. 10,000/- (Rupees T en Thousand only) with one solvent surety of the like amount to the satisfaction of the lower 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) not leave the local limits of State of Gujarat without the prior permiss ion of the concerned Sessions Judge.

d) 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;

e) Surrender his Passport, if any, to the lower court within a week;

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

9. If 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.

10. Bail bond to be executed before the lower Court having jurisdiction to try the case.

11. At the trial, the trial Court shall not be influenced by the observation s of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.

12. Rule is made absolute to the aforesaid extent. Direct service is permitted.