Gujarat High Court
Baliram Bholaram ( Dalit ) vs State Of Gujarat on 13 October, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/19045/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 19045 of 2015
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BALIRAM BHOLARAM ( DALIT )....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR.DISHANT K THAKKAR, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 13/10/2015
ORAL ORDER
1. Rule. Mr.J.K.Shah, learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure by the applicant-original accused for regular bail in connection with F.I.R. registered at C.R. No. I - 62 of 2015 with Kotada Sangani Police Station, Rajkot (Rural) for the offences punishable under Sections 147, 148, 149, 332, 186, 395, 397, 307 and 427 of the Indian Penal Code and Section 3 of Prevention of Damages of Public Property Act and Sections 37(1), 135, 188 of G.P. Act.
3. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP opposes the grant of bail looking Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Oct 14 02:52:11 IST 2015 R/CR.MA/19045/2015 ORDER to the nature and gravity of offences.
5. I have heard learned advocates appearing for the respective parties and I have perused the papers of investigation. Considering the role attributed to the present applicant as well as considering the fact that the applicant is behind the bar since 26.08.2015 and also the fact that co- accused, who played similar role, have already been enlarged on bail vide order dated 24.09.2015 in Criminal Misc. Application No.17217 of 2015, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on regular bail. Further, to prevent repetition of crime, a condition is also imposed upon the applicant that he shall not enter Kotada Sangani for a period of one month, except to mark presence or attending trail. Hence, the present application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 62 of 2015 with Kotada Sangani Police Station, Rajkot (Rural), 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 before the concerned Police Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed Oct 14 02:52:11 IST 2015 R/CR.MA/19045/2015 ORDER Station on alternate Monday initially for a period of four months and thereafter, after entering into Taluka-Kotada Sangani, mark his presence on any day of first week of every English calendar month for a period of six months only, between 10:00 a.m. and 2:00 p.m.;
[f] furnish his 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 Kotada Sangani Taluka for a period of one month except for marking presence and attending trial.
6. The Authorities will release the applicant only if he is 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 applicant on bail. Rule made absolute to the aforesaid extent.
Direct service is permitted.
Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed Oct 14 02:52:11 IST 2015 R/CR.MA/19045/2015 ORDER (A.J.DESAI, J.) Ashish Tripathi Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Oct 14 02:52:11 IST 2015