Gujarat High Court
Premjibhai Sanjabhai Pargi vs State Of on 26 March, 2013
Author: Anant S.Dave
Bench: Anant S. Dave
PREMJIBHAI SANJABHAI PARGI....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/CR.MA/3241/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 3241 of 2013 =========================================================== PREMJIBHAI SANJABHAI PARGI....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance: MR BA SURTI, ADVOCATE for the Applicant(s) No. 1 MR.L.R. PUJARI, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 26/03/2013 ORAL ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with First Information Rseport registered at C.R.No.I-025/2012 with Isri Police Station, Dist.Sabarkantha for the offences punishable under Sections 143, 147, 148, 149, 302, 326, 364, 323, 34, etc, of the Indian Penal Code and Section 135 of the Bombay Police Act.
2. Learned advocate for the applicant submits that chargesheet is filed and the applicant is attributed to have participated in the crime by inflicting a stick blows on the backside body of the injured who succumb to the injury while taking to the hospital. It is also submitted that substantial allegations are against one Virjibhai, who had inflicted two Axe blows repeatedly on the injured and considering the overall facts and circumstances as above including the blows of the applicant about over implication, the applicant may be enlarged on bail by imposing suitable conditions.
3. Heard learned APP for the respondent-State, who opposed grant of bail looking to the nature and gravity of offence.
4. Having heard the learned advocates for the parties and considering the overall facts and circumstances of the case and nature of allegations, role attributed to the applicant and punishment prescribed for the alleged offences, by imposing suitable conditions so as to secure his presence at the stage of trial, the applicant is ordered to be enlarged on bail.
5. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered at C.R.No.I-025/2012 with Isri Police Station, Dist.Sabarkantha, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
surrender passport, if any, to the lower Court within a week;
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 residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the resident without prior permission of this Court;
6. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
7. 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.
8. Bail bond to be executed before the lower Court having jurisdiction to try the case.
9. For modification and/or deletion of any of the conditions hereinabove, the applicant/s will be 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.
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 this Court while enlarging the applicant on bail.
11. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(ANANT S.DAVE, J.) chandresh Page 3 of 3