Gujarat High Court
Dankubhai vs State on 3 May, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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CR.MA/5273/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5273 of 2011
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DANKUBHAI
MOTABHAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
YASH N NANAVATY for Applicants
Mr.
J.K. Shah, APP, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 03/05/2011
ORAL
ORDER
1 This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I-2 of 2011 with Paliyad police station, Dist: Bhavnagar for the offences punishable under Sections 143, 147, 148, 149, 325 and 504 of the Indian Penal Code and Section135 of the Bombay Police Act.
2 At the outset, learned counsel for the applicants does not press this application qua applicant No.2, Vahtubhai Devayatbhai, who has alleged to have inflicted blow with iron pipe on the head of the witness, Laghu Kanjibhai and the said witness received serious injuries including attack of paralysis and his left body was paralysed due to internal haemorrhage. Rule qua applicant No.2, Vahtubhai Devayatbhai, is discharged.
3 Heard learned counsel for the parties and perused the record qua applicant No.1-Dankubhai Motabhai who is alleged to have run over a wheel of Indica car on the leg of the said witness and an injury was caused.
4 In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant, and now charge sheet is filed without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge applicant No.1-Dankubhai Motabhai on bail.
5 Hence, the application is allowed and applicant No.1-Dankubhai Motabhai is ordered to be released on bail in connection with first information report registered at C.R.No.I-2 of 2011 with Paliyad police station, Dist: Bhavnagar on his executing a bond of Rs.5,000/- (Rupees 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 i. not take undue advantage of his liberty or misuse his liberty;
not act in a manner injuries to the interest of the prosecution;
surrender his passport, if any, to the lower court within a week;
not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
mark his presence at the concerned police station on the first Sunday of every month between 10 a.m. And 3 p.m for three months only;
furnish the present address of his residence to the I.O. 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;
The Authorities will release applicant No.1-Dankubhai Motabhai only if he is not required in connection with any other offence for the time being. 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. Bail bond to be executed before the lower court having jurisdiction to try the case. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging on bail.
Rule is made absolute qua applicant No.1-Dankubhai Motabhai to the aforesaid extent. D.S. Permitted.
(Anant S. Dave, J.) (swamy) Top