Mangalsingh Jeetsingh Sardar (Shikh) vs State Of Gujarat on 25 January, 2016

[Cites 5, Cited by 1]

Gujarat High Court

Mangalsingh Jeetsingh Sardar (Shikh) vs State Of Gujarat on 25 January, 2016

Bench: A.J.Desai

                  R/CR.MA/23704/2015                                               ORDER




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     CRIMINAL MISC.APPLICATION NO. 23704 of 2015
                                       (FOR REGULAR BAIL)
         ================================================================
                 MANGALSINGH JEETSINGH SARDAR (SHIKH)....Applicant(s)
                                     Versus
                         STATE OF GUJARAT....Respondent(s)
         ================================================================
         Appearance:
         MR HEMANT B RAVAL, ADVOCATE for the Applicant(s) No. 1
         MS NISHA THAKORE, APP for the Respondent(s) No. 1
         ================================================================

                   CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                        Date : 25/01/2016


                                          ORAL ORDER

1. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I 19 of 2015 with Nikol Police Station for the offences punishable under Sections 302, 323 and 504 of the IPC and under Section 135(1) of the G.P.Act.

2. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.




                                             Page 1 of 3

HC-NIC                                    Page 1 of 3      Created On Tue Jan 26 02:37:25 IST 2016
                   R/CR.MA/23704/2015                                                     ORDER

5. I have heard learned advocates appearing for the parties. Perused the papers of investigation including the statement of eye witnesses and the post mortem report. It appears from the papers of investigation that while taking food, some quarrel took placed wherein the applicant had given slap on the head of the deceased pursuant to which the deceased lost his conscienceness and subsequently died and considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I 19 of 2015 with Nikol Police Station 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 injuries to the interest of the prosecution;

[c] surrender 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 every Monday for a period of six months and thereafter on any day of first week of each English Calender Month till the trial is over;

[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 residence without prior permission of this Court;

6. The Authorities will release the applicant only if he is not required Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Jan 26 02:37:25 IST 2016 R/CR.MA/23704/2015 ORDER 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. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 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.

7. Rule made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) *Kazi...

Page 3 of 3

HC-NIC Page 3 of 3 Created On Tue Jan 26 02:37:25 IST 2016

Unlock Advanced Research with PRISMAI

Gujarat High Court