Amrabhai Bhojabhai @ Dulabhai ... vs State Of Gujarat on 5 May, 2014

[Cites 10, Cited by 3]

Gujarat High Court

Amrabhai Bhojabhai @ Dulabhai ... vs State Of Gujarat on 5 May, 2014

Bench: Anant S. Dave

        R/CR.MA/5168/2014                                     ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 5168 of 2014

================================================================
    AMRABHAI BHOJABHAI @ DULABHAI KODIYATAR....Applicant(s)
                          Versus
              STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR ALKESH N SHAH, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================

        CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE

                            Date : 05/05/2014


                               ORAL ORDER

1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.65/2013 with Manavdar Police Station, Junagadh for the offences punishable under Sections 302, 504, 143, 147, 148 and 149 of the Indian Penal Code, under Section 135 of the Bombay Police Act and under Sections 161 and 183 of the Gujarat Panchayat Act.

2. Learned Counsel appearing for the applicant submits that the chargesheet is filed. Basically, the accusations were against two persons who were found with an axe and and an iron pipe. The co- accused Laxman alias Madhio is attributed to have Page 1 of 4 R/CR.MA/5168/2014 ORDER inflicted an axe blow on the deceased, which resulted into a skull fracture causing hemorrhage. It is further submitted that the cause of the death is the fracture alongwith the cardio- respiratory failure. In addition, the applicant is accused of having only welded a stick. Considering overall facts and circumstances and role attributed to the applicant, it is submitted that the applicant may be enlarged on bail.

3. Heard learned Additional Public Prosecutor Mr. Alkesh N. Shah for the respondent-State.

4. Having heard learned Counsels for the parties, perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.

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

6. In the facts and circumstances of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.65/2013 with Manavdar Police Station, Junagadh, on executing a bond of Rs.25,000/- (Rupees Twenty 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;

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R/CR.MA/5168/2014 ORDER

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 his 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. for three months only;

f) furnish the present 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 the residence 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 Page 3 of 4 R/CR.MA/5168/2014 ORDER this Court while enlarging the applicant on bail.

11.For modification and/or deletion of any of the conditions hereinabove, the applicant is at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.

12.Rule is made absolute. Direct Service is permitted.

Sd/-

(ANANT S. DAVE, J.) CAROLINE Page 4 of 4

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