Shahidkhan Bismillahkhan Pathan. 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. this application is filed under section 439 of the code of criminal procedure in connection with the first information report registered as c.r. no. i-57/2010, registered with savli police station, vadodara for the offences punishable under sections-307, 143, 147, 148 and 149 of the indian penal code, sections-25(1)d and 27 of the arms act and section-135 of the bombay police act.2. learned advocate for the applicant, shri. m.m. tirmizi, submitted that the charge-sheet is filed and considering the role attributed to the applicant, he may be enlarged on bail, by imposing suitable conditions.3. heard learned app for the respondent state, who opposed the grant of bail looking to the nature and gravity of the offence.4. having heard learned counsel for the parties and having perused the material on record and taking into consideration the facts and circumstances of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, i am inclined to enlarge the applicant on bail, by imposing suitable conditions.5. learned counsel for the parties do not press for further reasoned order.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 c.r. no. i-57/2010, registered with savli police station, vadodara, on executing a bond of rs.5,000/- (rupees five 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 liberty or misuse liberty;(b) not act in a manner injurious to the interest of the prosecution;(c) surrender 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 presence at the concerned police station on the first sunday of every month between 10.00 a.m. and 3.00 p.m., till the trial commences;(f) 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 the same without prior permission of this court;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 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. This application is filed under Section 439 of the Code of Criminal Procedure in connection with the first information report registered as C.R. No. I-57/2010, registered with Savli Police Station, Vadodara for the offences punishable under Sections-307, 143, 147, 148 and 149 of the Indian Penal Code, Sections-25(1)D and 27 of the Arms Act and Section-135 of the Bombay Police Act.

2. Learned Advocate for the applicant, Shri. M.M. Tirmizi, submitted that the charge-sheet is filed and considering the role attributed to the applicant, he may be enlarged on bail, by imposing suitable conditions.

3. Heard learned APP for the respondent State, who opposed the grant of bail looking to the nature and gravity of the offence.

4. Having heard learned counsel for the parties and having perused the material on record and taking into consideration the facts and circumstances of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, I am inclined to enlarge the applicant on bail, by imposing suitable conditions.

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

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 C.R. NO. I-57/2010, registered with SAVLI POLICE STATION, VADODARA, on executing a bond of Rs.5,000/- (Rupees Five 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 liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution;

(c) surrender 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 presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m., till the trial commences;

(f) 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 the same without prior permission of this Court;

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 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.