Gujarat High Court
Vinja Meraman Kadegiya & 3 vs State Of Gujarat on 23 February, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/1943/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.1943 of
2016
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VINJA MERAMAN KADEGIYA & 3....Applicants
Versus
STATE OF GUJARAT....Respondent
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Appearance :
MR K B ANANDJIWALA, SENIOR COUNSEL ASSISTED BY MR FB
BRAHMBHATT, ADVOCATE for the Applicants.
MS MOXA THAKKAR, APP for the Respondent.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 23/02/2016
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 - 39 of 2015 registered with Kutiyana Police Station, Dist. Porbandar for the offences punishable under Sections 302, 323, 324, 325, 326, 365, 506(2), 143, 147, 148, 149 of the Indian Penal Code, under Section 25(1)(b)(a) of the Arms Act, Section 135(1) of the G.P.Act and Section 3(2)(5) of Atrocities Act, 1989.
2. Learned Senior advocate Mr. Anandjiwala appearing for the applicants submits that considering the nature of offence, the applicants 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.
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R/CR.MA/1943/2016 ORDER
5. I have heard learned advocates appearing for the parties.
Perused the papers of the charge-sheet. I have considered the following aspects :-
I. Incident has taken place in two parts, wherein in first part, the complainant and one person who was injured and in second part, two persons were injured and one had died.
II. I have considered the statement of injured Rahul Devjibhai, Devjibhai and compared the injuries referred in the postmortem note prepared by the medical officer of deceased Nitin.
III. I have considered the fact that the deceased had not sustained any fracture on the body as well as not received any type of injury on any vital part of the body.
IV. The deceased died subsequently due to injuries pursuant to the respiratory failure and due to the injuries sustained by the deceased which are not of serious nature. However, considering the judgment of the Hon'ble Supreme Court, I have not discussed the evidence in detail at this stage.
V. The co-accused have been considered by this Court vide order dated 5.1.2016 passed in Criminal Misc. Application Nos.22858, 23459 and 23466 of 2015.
6. 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 applicants on bail. Hence, the application is allowed and the applicants are ordered to be released on bail Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun Feb 28 06:05:40 IST 2016 R/CR.MA/1943/2016 ORDER in connection with C. R. No. I - 39 of 2015 registered with Kutiyana Police Station, Dist. Porbandar, on executing a bond of Rs.10,000/- (Rupees Ten 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] not enter limits of Kutiyana Taluka for a period of six months except for marking presence and attending trial;
[f] mark presence at the concerned Police Station on every Monday of each English Calendar month for a period of six months and thereafter, on any day of the first week of each English Calendar month for one year, between 11.00 a.m. and 2.00 p.m.;
[g] 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 and also furnish the address where they are going to reside for a period of six months to the I.O. and also to the Court at the time of execution of the Bond;
7. 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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Sun Feb 28 06:05:40 IST 2016 R/CR.MA/1943/2016 ORDER 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.
8. Rule made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) Savariya Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun Feb 28 06:05:40 IST 2016