Mafatbhai Ramabhai Bhalia and anr. 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. rule. mr. learned app, waives service of notice of rule for respondent state.2. this application is filed under section 439 of the code of criminal procedure in connection with first information report registered at cr no.i 169/2010 with vaghodia police station, for the offences punishable under sections 498, 306 and 114 of the indian penal code.3. learned counsel appearing for the applicants submits that charge sheet is filed. he further submits that the applicants have roots in the society, will not flee from justice and will cooperate with the investigation as and when called for. it is further submitted that considering the nature of allegations and role attributed to the applicant and other attending circumstances, the applicants may be enlarged on bail.4. heard learned app for the respondent state.5. having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused coupled with the fact that charge sheet is filed, without discussing the evidence in detail, at this stage, i am inclined to enlarge the applicants on bail.6. learned counsel for the parties do not press for further reasoned order.7. in the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with first information report registered at c.r. no.i 169/2010 with vaghodia police station, on executing bond of rs.5,000/- (rupees five thousand only) each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they shall;a. not take undue advantage of liberty or misuse liberty; b. not act in a manner injurious to the interest of the prosecution; c. surrender their passport, if any, to the lower court within a week; d. not leave the state of gujarat without prior permission of the sessions judge concerned;e. mark their presence at the concerned police station on the first sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;f. furnish the present address of residences 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;7. the authorities will release the applicants only if they are 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 issue warrant or take appropriate action in the matter.9. bail bond to be executed before the lower court having jurisdiction to try the case.10. 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.11. rule is made absolute to the aforesaid extent. d.s. permitted.

Judgment:
1. Rule. Mr. learned APP, waives service of notice of Rule for respondent State.

2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I 169/2010 with Vaghodia Police Station, for the offences punishable under Sections 498, 306 and 114 of the Indian Penal Code.

3. Learned counsel appearing for the applicants submits that charge sheet is filed. He further submits that the applicants have roots in the society, will not flee from justice and will cooperate with the investigation as and when called for. It is further submitted that considering the nature of allegations and role attributed to the applicant and other attending circumstances, the applicants may be enlarged on bail.

4. Heard learned APP for the respondent State.

5. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused coupled with the fact that charge sheet is filed, without discussing the evidence in detail, at this stage, I am inclined to enlarge the applicants on bail.

6. Learned counsel for the parties do not press for further reasoned order.

7. In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with first information report registered at C.R. No.I 169/2010 with Vaghodia Police Station, on executing bond of Rs.5,000/- (Rupees Five thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;

a. not take undue advantage of liberty or misuse liberty; b. not act in a manner injurious to the interest of the prosecution; c. surrender their passport, if any, to the lower court within a week; d. not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

e. mark their presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;

f. furnish the present address of residences 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;

7. The Authorities will release the applicants only if they are 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 issue warrant or take appropriate action in the matter.

9. Bail bond to be executed before the lower court having jurisdiction to try the case.

10. 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.

11. Rule is made absolute to the aforesaid extent. D.S. Permitted.