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Pravin vs State

High Court Of Gujarat|04 July, 2012

JUDGMENT / ORDER

Mr.Anandjiwala, learned advocate for the applicants, does not press this application qua applicant nos. 2, 3 and 4 reserving their liberty to apply for bail in future. Permission, as prayed for, is granted. The instant application stands disposed of at this stage qua applicant nos.2, 3 and 4 reserving their liberty to apply for bail in future.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Talaja Police Station, District: Bhavnagar CR No.I-107 of 2011 for the offences punishable under Sections 307, 302, 324, 323, 147, 148,, 149 and 504 of the Indian Penal Code and Section 135(1) of the Bombay Police Act.
Mr.Anandjiwala, learned advocate for the applicants submitted that so far as applicant no.1-Pravinbhai Keshubhai Bambhania is concerned, even considering the F.I.R., so also considering the charge-sheet papers, no role is attributed to him and even no weapon is attributed to him. It is further submitted that in connection with this incident, in the cross F.I.R. the applicant no.1-Pravinbhai has sustained injuries.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the F.I.R. and the relevant charge-sheet papers and considering the fact that no role is attributed to the applicant no.1-Pravinbhai in this incident and even he was not armed with any weapon and he sustained injury in the incident, this Court is of the opinion that this application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant no.1-Pravinbhai Keshubhai Bambhania is ordered to be released on bail in connection with first information report registered at Talaja Police Station, District: Bhavnagar CR No.I-107 of 2011, on executing a bond of Rs.20,000/- (Twenty Thousand) 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 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 at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 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;
The Authorities will release the applicant no.1 only if 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order 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 no.1 on bail.
Rule is partly made absolute accordingly qua applicant no.1-Pravinbhai Keshubhai Bambhania and partly stands discharged qua the applicant nos. 2, 3 and 4. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top
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Title

Pravin vs State

Court

High Court Of Gujarat

JudgmentDate
04 July, 2012