Gujarat High Court
Bhagirathsinh @ Bhagubha Mahendrasinh ... vs State Of Gujarat on 10 April, 2014
Author: Anant S.Dave
Bench: Anant S. Dave
R/CR.MA/4439/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 4439 of 2014
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BHAGIRATHSINH @ BHAGUBHA MAHENDRASINH JADEJA &
1....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR YS LAKHANI SENIOR ADVOCATE WITH MR ND GOHIL, ADVOCATE for
the Applicant(s) No. 1 - 2
MR NIRAJ B SONI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 10/04/2014
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 34/2013 with Lalpur Police Station.
2 Learned counsel for the applicants submits that the investigation is over and the chargesheet is filed. It is further submitted that role of the applicants is of inflicting injuries not on the deceased, but on Sureshbhai, who was treated as an outdoor patient in Guru Gobindsingh Hospital, Jamnagar and considering the nature of allegations, role attributed to the applicants and statements of the witnesses, by imposing suitable conditions, the applicants may be enlarged on bail.
3 The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence.
4 In the facts and circumstances of the case and considering the nature of
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R/CR.MA/4439/2014 ORDER
allegations and role attributed to the applicants coupled with the fact that 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 the applicants on bail.
Hence, the application is allowed and the applicants are ordered to be released on bail in connection with C.R.No.I34/2013 with Lalpur Police Station on executing a bond of Rs.25,000/ (Rupees Twenty Five Thousand only) each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they 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 the first Sunday of every month between 10 a.m. and 3 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 residence without prior permission of this Court;
[g] shall not enter into district of Jamnagar for a period of 3 months except for marking presence or attending trial.
5 The Authorities will release the applicants only if they are 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. 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 applicants on bail. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT S.DAVE, J.)
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