Gujarat Court January 2011 Judgments
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Mansingbhai Govindbhai Jadav. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-21-2011
1. RULE. Shri Ashish Desai, learned APP waives service of notice of rule on behalf of the respondent.2. The present application, after submission of the charge sheet, has been preferred by the applicant-original accused no. 2 to release him on bail in connection with Complaint, being C.R. No. I 177/2010 registered with Kodinar Police Station for the offences punishable under Sections 323,332,353, 504, 506(2) and 114 of the Indian Penal Code.3. Having heard the learned advocates appearing on behalf of the respective parties and considering the fact that the investigation is already concluded and the charge sheet has already been filed against the applicant and looking to the offence, for which the applicant is charged, it appears to the Court that on imposing reasonable condition upon the applicant inclusive of not to enter Taluka Kodinar for a period of six months, the applicant can be released on bail.4. Considering the submissions made on behalf of the parties and having regard to th...
Katusinh Bhursinh. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-21-2011
1. RULE.2. Mr. R.C.Kodekar, learned APP appears and waives service of notice of Rule on behalf of the Respondent State of Gujarat.3. Having regard to the facts of the case, the application is taken up for hearing today.4. The applicant convict prisoner, who, vide judgment and order dated 9.4.2008 rendered in Sessions Case No.119 of 2007 by the learned Additional Sessions Judge, Fast Track Court No.6, Modasa, has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life, has filed this application through jail authority, praying to enlarge on temporary bail for a period of 30 days to enable him to attend the after death ceremony of his father who has passed away on 29.12.2010.5. We have heard Mr.R.C.Kodekar, learned APP for the Respondent State of Gujarat and perused the averments made in the application so also the jail remark sheet forwarded by the jail authority along with the application.6. Upon perusal of the jail re...
Munaf @ Munno Husainbhai Patani, Thro'Patani Jarina Wd/O Sub. vs. Stat ...
Court: Gujarat
Decided on: Jan-21-2011
1. Rule. Mr. RC Kodekar, learned Addl. Public Prosecutor waives service of notice of rule on behalf of the respondent State of Gujarat.2. Having regard to the facts of the case, the application is taken up for hearing today.3. The applicant convict prisoner, who by judgment and order dated 30.12.2009 rendered in Sessions Case No.209 of 2003 by the learned Additional Sessions Judge, Fast Track Court No.3, Bhavnagar at Mahuva, has been convicted for the offence punishable under Section 394 etc. of the Indian Penal Code and sentenced to RI for 8 years, has filed this application through his sister Patani Jarina, praying to enlarge him on temporary bail for a period of 4 weeks to enable him to attend the after death ceremony of his mother, who has died on 31.12.2010.4. We have gone through the application and the supporting document i.e. death certificate of the mother of the applicant that form part of the application and have considered the submissions advanced by Mr. Aftabhusen Ansari, ...
Kirpalsing Jungbahabursing ChhabarA. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-21-2011
1. This is an application preferred under Sec.439 of the Code of Criminal ["the Code" for short] by the applicant who has been arrested in connection with FIR bearing CR No. I-100 of 2002 registered with Naroda Police Station for the offences punishable under Secs. 143, 147, 148, 149, 302, 307, 332, 324, 325, 326, 295, 295A, 201, 395, 396, 397, 398, 435, 436, 427, 376, 120B, 186, 188, 153A[a][b] and 153[A-1] Part II of Indian Penal Code read with Sec. 135[1] of the Bombay Police Act.2. Mr. N.D. Nanavaty, learned Senior Advocate appearing with Mr. Mausam Yagnik, learned advocate for the applicant, submitted that the applicant has been falsely implicated in the alleged commission of offence. The trial in the matter has commenced and out of 600 witnesses, 192 witnesses have already been examined by the prosecution. One witness, namely, Aminaben Abbasbhai Belim, in her statement dated 30.5.2008 has mentioned the name of the applicant as assistant of Mayaben Kodnani who accompanied her in w...
Parmar Jitendrakumar Jayantilal and anr. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-21-2011
1. Rule. 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-216 of 2010 with Visnagar Police Station, for the offences punishable under Sections 326, 147, 148, 149 etc. of the Indian Penal Code.3. Learned counsel appearing for the applicants submits that co-accused is already enlarged on bail and trial is likely to be prolonged and considering the nature of allegations and role attributed, the applicants 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 looking to the fact that the trial is unlikely to complete shortly and that the co-accused is already enlarged, I am inclined to enlarge the applicants on bail.6. In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be rele...
Baburao @ Babu Vaghaji Chaudhary. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-21-2011
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 215/2010 with Udhana Police Station, for the offences punishable under Sections 399, 402 & 188 of the Indian Penal Code.3. Learned counsel appearing for the applicants submits that charge sheet is filed. He further submits that the applicant has 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 in view of the above, the applicant may be enlarged on bail by imposing suitable conditions.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 and punishment prescribed for the alleged offences cou...
Goyelavadhesh @ Alabhai Ramhil and ors. Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-21-2011
1. Rule. Mr. learned APP, waives service of notice of Rule for respondent State.2. This successive bail application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I 175/2010 with Unjha Police Station, for the offences punishable under Sections 324, 326, 325, 323, 504, 506(2), 114 of the Indian Penal Code and under section 135 of the Bombay Police Act.3. Learned counsel appearing for the applicants submits that charge sheet is filed and the injured is already discharged from he hospital after treatment of 13 days. It is further submitted that in a case of cross-complaint, accused are enlarged on bail by the trial Court. 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 in view of the above, the applicants may be enlarged on bail.4. Heard learned APP for the respondent State....
Ratanshi Mahadevabhai. Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Jan-21-2011
1. Rule. Mr. RC Kodekar, learned Addl. Public Prosecutor waives service of notice of rule on behalf of the respondent State of Gujarat.2. Having regard to the facts of the case, the application is taken up for hearing today.3. The applicant convict prisoner, who, by judgment and order dated 27.2.2008 rendered in Sessions Case No.27 of 2002 by the learned Additional Sessions Judge, Kachchh - Bhuj, has been convicted for the offence punishable under Section 302 etc. of the Indian Penal Code and sentenced imprisonment of life, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 30 days, to enable him to attend his wife during the treatment who is suffering from renal stone.4. Having heard Mr. RC Kodekar, learned APP for the respondent State of Gujarat and upon perusal of the averments made in the application so also the jail remark sheet and the certificate issued by Dr. Madhav H. Math, General Practitioner, we have noticed that the ...
Devendrabhai Dahyabhai Jani. Vs. Bhanubhai Bapalal Dave.
Court: Gujarat
Decided on: Jan-21-2011
1. The present Revision Application has been filed by the applicant-original defendant under Section 29 of the Bombay Rent Act and under Section 115 of the Civil Procedure Code for challenging the Judgment & Order dated 03.12.2010 passed by the Learned Judge, Small Cause Court, Ahmedabad in Civil Appeal No.89 of 1999 confirming the Judgment & Decree 11.03.1999 passed by the Learned Judge, Court No.7, Ahmedabad in H.R.P. Suit No.37 of 1993 on the grounds set out in the present Revision Application inter alia contending that both the Courts below have erred in holding that the applicant has acquired suitable accommodation at Vishram Park. Similarly, both the Courts below have erred in holding that the applicant-defendant is not using the rented premises for residential purpose and both the Courts below have failed to appreciate the comparative hardships.2. Learned counsel, Mr.Nilesh Pandya referred to the both impugned Judgments of both the Courts below delivered in Civil Appeal No.89 of...
Amreli District Panchayat. Vs. Govindji Gordhandas and ors.
Court: Gujarat
Decided on: Jan-21-2011
1. The applicant original opponent No.1 i.e. Amreli District Panchayat has filed this Civil Revision Application under Section 115 of the Civil Procedure Code praying for quashing and setting aside the order dated 18.10.2003 passed by the learned Civil Judge (S.D.), Ahmedabad (Rural) in Misc. Civil Application No.42 of 1998, whereby the said application was allowed and time was extended for the period of four months from the date of the order to publish the award by the Arbitrator.2. This Civil Revision Application was admitted and rule was issued on 30.7.2004. While admitting the Civil Revision Application this Court has observed in its order that the applicant had taken objection that the arbitration proceeding would not survive in view of the decree passed by the Civil Court, at Amreli in Special Civil Suit No.64 of 1987, since there would be a bar for further proceedings imposed by Section 35 of the Arbitration Act. The other side has raised the contention that the Section 35 would...
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