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Ramji vs State

High Court Of Gujarat|23 February, 2012

JUDGMENT / ORDER

Learned Counsel for the applicant does not press this application qua applicant No.1 - Ramji Bhikha Koli. Hence, this application stands disposed of as not pressed qua applicant No.1. Rule discharged qua applicant No.1 only.
This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.63/2011 with Rapar Police Station, Kutch (East) for the offences punishable under Sections 143, 147, 148, 149, 323, 324, 337, 302, 504 and 34 of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that considering the role attributed to the present applicant No.2 and the fact that the other co-accused are enlarged on bail vide order dated 10.11.2011 passed in Criminal Miscellaneous Application No.14893/2011 (Coram : Hon'ble Mr. Justice Z.K. Saiyed), the applicant No.2 - Naru Karshan Koli may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
In view of the above, this application is allowed and the applicant No.2 - Naru Karshan Koli is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.63/2011 with Rapar Police Station, Kutch (East), on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent 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 his 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 his 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;
The authorities will release the applicant 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.
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 qua applicant No.2. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top
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Title

Ramji vs State

Court

High Court Of Gujarat

JudgmentDate
23 February, 2012