Gujarat High Court
Thakor Lenbuji Nadhaji & Ors vs State Of Gujarat on 7 May, 2015
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
R/CR.MA/7176/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION
(FOR REGULAR BAIL)
NO. 7176 of 2015
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THAKOR LENBUJI NADHAJI & ORS. ....Applicants
Versus
STATE OF GUJARAT ....Respondent
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Appearance:
MR DEVANG J JOSHI, ADVOCATE for the Applicants
MR L B DABHI, APP for the Respondent State
MR MRUDUL BAROT, ADVOCATE for the Complainant
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CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY
Date : 07/05/2015
ORAL ORDER
1. This is an application for regular bail. There are five applicants.
2. Rule. Learned Additional Public Prosecutor waives rule for the State.
3. The applicants accused are in judicial custody in connection with C.R.- I No.13 of 2015 registered with the Vagdod Police Station, District : Patan for the offences punishable under Sections 307, 323, 324, 326, 504, 506(2) and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
Page 1 of 3R/CR.MA/7176/2015 ORDER
4. Learned advocate for the applicants has taken this Court through the material on record and has submitted that the applicants be enlarged on regular bail by imposing suitable conditions.
5. Learned Additional Public Prosecutor for the State and learned advocate for the complainant have opposed grant of regular bail.
6. Considering the totality this Court finds that, this applications need to be allowed by exercising powers under Section 439 of the Code of Criminal Procedure, 1973 to direct that the applicants accused be released on bail, on certain conditions noted below. Learned advocates for the respective parties request not to record reasons for this, so that it may not prejudice the prosecution at the time of trail. It is noted that, this is the case of cross complaints. The dispute is also more the family dispute, at least of relatives. It is prima facie, more the case of social disorder amongst themselves, less the criminality.
7. In view of above, the following order is passed.
7.1 This application is allowed.
7.2 The applicants accused are ordered to be released on regular bail in connection with C.R.- I No.13 of 2015 registered with the Vagdod Police Station, District : Patan on each of them executing a personal bond of Rs.1,000/- (Rupees One Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the further Page 2 of 3 R/CR.MA/7176/2015 ORDER conditions that the accused :-
[a] shall not misuse this liberty or take undue advantage of it in any manner, and [b] shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or temper with the evidence, and shall not commit an offence similar to the offence of which he is accused, and [c] shall make themselves available at the time of trial.
7.3 The jail authorities shall release the applicant only if they are not required in connection with any other offence for the time being.
7.4 If breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in accordance with law.
7.5 Bail bond be executed before the concerned Court.
7.6 The trial Court shall not be influenced at the trial, by the observations made by this Court while recording this order.
7.7 Rule is made absolute. Direct service is permitted.
(PARESH UPADHYAY, J.) mhdave/146 Page 3 of 3