Balwantbhai Bhagwatbhai Tiwari Vs. Thro. Public Prosecutor - Court Judgment

SooperKanoon Citationsooperkanoon.com/918537
SubjectCriminal
CourtGujarat High Court
Decided OnJun-08-2011
Case NumberCRIMINAL MISC.APPLICATION No 6747 of 2011
JudgeJ.B.PARDIWALA, J.
ActsCode of Criminal Procedure (CrPC) (Cr.P.C) - Section 439; Indian Penal Code (IPC) - Sections 143, 147, 148, 149, 307, 323, 504
AppellantBalwantbhai Bhagwatbhai Tiwari
RespondentThro. Public Prosecutor
Appellant AdvocateMR. ADIL R. MIRZA, Adv.
Respondent AdvocateMR JK SHAH, Adv.
Excerpt:
1. rule. learned app, mr.j.k.shah, waives service of notice of rule on behalf of state.  2. this is an application under section 439 of criminal procedure code praying for regular bail in connection with offence registered with vapi town police station, district - valsad, vide c.r.no.i-80 of 2011 for the offences punishable under sections 143, 147, 148, 149, 307, 323 and 504 of ipc. 3. following aspects are taken into consideration: i) the date of the incident is 3rd april,2011; ii) the injured was discharged from the hospital on 7.4.2011 and is out of danger; iii) the overtact of inflicting injury on the body of the injured is not attributed to the present applicant; iv) investigation is practically over. 4. under the circumstances, i am persuaded to exercise my discretion in.....
Judgment:

1. Rule. Learned APP, Mr.J.K.Shah, waives service of notice of rule on behalf of State. 

2. This is an application under Section 439 of Criminal Procedure Code praying for regular bail in connection with offence registered with Vapi Town Police Station, District - Valsad, vide C.R.No.I-80 of 2011 for the offences punishable under Sections 143, 147, 148, 149, 307, 323 and 504 of IPC.

3. Following aspects are taken into consideration:

i) The date of the incident is 3rd April,2011;

ii) The injured was discharged from the hospital on 7.4.2011 and is out of danger;

iii) The overtact of inflicting injury on the body of the injured is not attributed to the present applicant;

iv) Investigation is practically over.

4. Under the circumstances, I am persuaded to exercise my discretion in favour of the accused-applicants. Under the circumstances, accused-applicants are ordered to be enlarged on regular bail in connection with offence registered with Vapi Town Police Station, vide C.R.No.I-80 of 2011 on their executing a bond in the sum of Rs.15,000/- each (Rupees fifteen thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall:

(1) not take undue advantage of their liberty or abuse their liberty;

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

(3) maintain law and order;

(4) shall not enter Valsad Taluka till the completion of the trial;

(5) not leave the State of Gujarat without prior permission of the Sessions Court concerned;

(6) furnish the address of their residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;

(7) surrender their passport, if any, to the Lower Court immediately.

5. It goes without saying that any observations touching the merits of the case is purely for the purpose of deciding the question of grant of bail and shall not be construed as an expression of the final opinion in the main matter.

6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

7. Bail before the Lower Court having jurisdiction to try the case.

8. Rule is made absolute. Application is disposed of accordingly. Direct service is permitted.