Gujarat High Court
Mitesh Harisang Mer & vs State Of Gujarat on 7 September, 2017
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/20986/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20986 of 2017
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MITESH HARISANG MER & 1....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
DARSHAN M VARANDANI, ADVOCATE for the Applicant(s) No. 1 - 2
MR.H.K.PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 07/09/2017
ORAL ORDER
[1] Learned advocate, Mr.Abhaykumar P.Shah states that he has received instruction to appear on behalf of the original complainant. He is permitted to file his appearance on behalf of the original complainant.
[2] This application is filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.No.I-58 of 2017 with Bhuj City "A" Division Police Station, Kachchh for the offence punishable under Sections 143, 147, 148, 149, 323, 324, 504 and 302 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
[3] Learned advocate appearing on behalf of the applicants submits that considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
[4] On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
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[5] Learned advocates appearing on behalf of the
respective parties do not press for a further reasoned order.
[6] I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-
I) Investigation is concluded and the charge-sheet is filed;
II) The weapons attributed to the applicants are not used to inflict the fatal blow upon the deceased;
III) The applicants are aged 18 and 19 years respectively;
IV) Even from the weapons discovered at the instance of the applicants it is submitted that no bloodstains are found This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC
40.
[7] In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.
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[8] Hence, the present application is allowed. The
applicants are ordered to be released on regular bail in connection with C.R.No.I-58 of 2017 with Bhuj City "A" Division Police Station, Kachchh on executing a personal 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 injurious 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 Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; [f] furnish latest and permanent address of residence to the Investigating Officer 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] not to enter in local limits of Bhuj City for a period of six months except for the purpose of marking presence and remaining present before the Court;
[9] 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.
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[10] 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.
[11] 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.
[12] The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
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