Firozbhai Ganibhai Sodha Vs. State of Gujarat - Court Judgment

Excerpt:
indian penal code (ipc) - section 452 - house-trespass after preparation for hurt, assault or wrongful restraint -- learned counsel for the appellant sahnawaz contends that none of the appellants was arrested on the spot. none of the prosecution witnesses have identified the appellant. appellant has not been identified at any point of time. pw5, pw6 and pw10 have deposed about the incident. pw3 and pw4 have specifically identified the accused persons in the court. this witness has further identified appellant ashraf and shahnawaz in the court correctly. in regard to the identity of the accused persons pw3 and pw4 have identified the appellants herein as the persons who had entered the shop on 8th july 1999. appellants were awarded sentence of rigorous imprisonment for seven years for offence punishable under section 397 ipc. gujarat high court case information system body {scrollbar-face-color: #d4d0c8; scrollbar-highlight-color: #808080; scrollbar-shadow-color: #d4d0c8; scrollbar-arrow-color: #ffffff; scrollbar-dark-shadow-color: #ffffff} span.searchword { background-color:yellow; } function loadsearchhighlight() { var chkparamc = "txtsearch" if (chkparamc == "txtsearch") { searchhighlight(); document.searchhi.h.value = searchhi_string; if( location.hash.length > 1 ) location.hash = location.hash; } } print cr.ma/13899/2011 4/4 orderinthe high court of gujarat at ahmedabadcriminalmisc.application no. 13899 of 2011=========================================================firozbhaiganibhai sodha - applicant(s)versusstateof gujarat - respondent(s)=========================================================appearance:mrrd dave forapplicant(s) : 1,mr kl pandya, app for respondent(s) :1,=========================================================coram :honourable mr.justice z.k.saiyeddate: 03/10/2011 oral order1. rule.mr. k.l.pandya, learned app waives service of rule on behalf of therespondent.2. thisapplication has been preferred under section 439 of the code ofcriminal procedure, 1973 in connection with the offence being crno.i-6 of 2011 registered with vanthali police station for theoffences u/s. 307, 325, 504 of the ipc and u/s. 135 of the bombaypolice act. 3. heard mr.r.d.dave, learned counsel for the applicant. mr.dave hascontended that injured person has already been discharged from thehospital. he has further contended that present applicant is localresident and he will be available during trial. he has, therefore,contended that present applicant is required to be enlarged on bail. 4. heardmr.k.l.pandya, learned app for the respondent state. mr.pandya hasvehemently opposed the present application. 5. havingheard the learned counsel for both the sides and looking to the factsand circumstances of the case, statement of the witnesses, gravity ofthe offence and quantum of punishment and the fact there is nodefinite allegation made against the applicant, i am inclined togrant bail to the applicant.6. consideringthe above, this application is allowed. the applicant is ordered tobe released on bail in connection with cr no.i-6 of 2011 registeredwith vanthali police station for the offence alleged against him inthis application on his executing a bond of rs.10,000/- (rupees tenthousand only) with one solvent surety of the like amount to thesatisfaction of the trial court and subject to the conditions that heshall-a) nottake undue advantage of his liberty or abuse his liberty;b) notto try to tamper or pressurise the prosecution witnesses orcomplainant in any manner; c) maintainlaw and order and should cooperate the investigating officer;d) notact in a manner injurious to the interest of the prosecution;e) notto enter area of vanthali police station.f) markpresence at junagadh city police station every last day of the monthbetween 9:00 a.m. to 2:00 p.m. g) notleave the country without the prior permission of the concernedsessions judge;h) furnishthe address of his residence to the i.o. and also to the court at thetime of execution of the bond and shall not change the residencewithout prior permission of this court;i) surrenderhis passport, if any, to the lower court within a week.7. ifthe breach of any of the above conditions is committed, the concernedsessions judge will be free to issue warrant or take appropriateaction in the matter.8. bailbefore the lower court having jurisdiction to try the case. it wouldbe open to the trial court concerned to give time to furnish thesolvency certificate if prayed for.9. ruleis made absolute. direct service is permitted. (z.k.saiyed, j.)kks     top