Gujarat High Court
Ashokkumar vs State on 25 November, 2010
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
Gujarat High Court Case Information System
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CR.MA/11474/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11474 of 2010
======================================
ASHOKKUMAR
@ BABA THAKORLAL SINDHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR YM THAKKAR for Applicant(s)
: 1,
MS MANISHA L SHAH APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 05/10/2010
ORAL
ORDER
The present application has been filed by the applicant for grant of regular bail under section 439 of Code of Criminal Procedure, 1973, after the charge sheet is filed.
The applicant is charged with having committed offence under sections 323, 324, 344, 374, 506(2) and 114 of Indian Penal Code read with section 135 of Bombay Police Act, for which F.I.R. being I-C.R.No.137 of 2010 has been registered with Kisanwadi Police Station, Vadodara City.
Learned advocate Mr.Y.M.Thakkar for the applicant accused referred to the First Information Report as well as impugned order and also other papers and submitted that the allegations are made but from the perusal of the same, it is much exaggeration and may not be believed. He submitted that in any case the role attributed to the applicant is very limited as he would be out for his work, and, therefore, present application may be allowed, as the charge sheet has been filed.
Learned Additional Public Prosecutor Ms.Manisha L. Shah, resisted the application and strenuously submitted that the allegations suggest about the atrocious behaviour towards the servant and cannot be treated as bonded labour. She submitted that, therefore, present application may not be entertained. She also referred to the medical evidence and submitted that it refers to some injuries which could be caused with dog bite, and, therefore, allegations are not totally baseless as it is revealed from the history.
Learned advocate Mr.Thakkar, for the applicant, in rejoinder, submitted that considering the nature of offence and even the injuries, which are simple as revealed from the papers, present application may be allowed as charge sheet has now been filed. He submitted that as could be seen from the papers, she was discharged from the hospital after giving treatment as outdoor patient and subsequently victim has stated that she may be admitted and thereafter injury certificate is issued. He, therefore, submitted that present application, therefore, may be allowed.
Having heard Mr.Y.M.Thakkar, learned advocate for the applicant and Ms.Manisha Shah, learned APP and having considered the nature of offence, manner in which alleged offence is said to have been committed, role attributed to the applicant and also considering the prima facie case based on the medical evidence and the certificate, the Court is of the view that present application deserves to be allowed as now charge sheet has been filed in light of guidelines with regard to grant of bail and exercise of discretion under section 439 of the Cr.P.C.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.137 of 2010 has been registered with Kisanwadi Police Station, Vadodara City on his executing bond of Rs.5,000/- (Rupees Five Thousand) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) mark his presence before concerned Police Station on 1st Monday of English calender month between 11:00 AM to 2:00 PM till the trial commences.
(f) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(g) surrender his passport, if any, to the lower Court, within a week.
If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) Amit/-
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