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Gujarat High Court · body

2016 DIGILAW 2084 (GUJ)

Ranubhai Merubhai Khachar v. State of Gujarat

2016-10-03

P.P.BHATT

body2016
ORDER : P.P. Bhatt, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R. No. I-01 of 2016 registered with Chuda Police Station, District-Surendranagar, for the offences punishable under Sections 302, 323, 324, 504, 120(B), 147, 148, 149 of the Indian Penal Code and Sections 25(1-B)A, 27 of the Arms Act. 2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. Learned Advocate for the applicant submits that the role attributed to the present applicant is that he has given sword blow upon the injured person namely Maheshbhai Hkabhai and the said injured person has been discharged from the hospital after providing certain preliminary treatment. It is further submitted that as per the medical certificate, the injury sustained by the injured is simple in nature and now the injured person is out of danger. It is further submitted that co-accused namely Bhabhlubhai Motabhai Khachar and Ashokbhai Hakubhai Khachar have been enlarged on bail vide orders dated 22.06.2016 and 27.06.2016 passed in Criminal Misc. Application Nos. 13034 of 2016 and 13369 of 2016, respectively. It is further submitted that the investigation is over and charge-sheet is submitted, therefore there is no possibility of tampering with the evidence. Learned Advocate upon instructions submits that the applicant is ready and willing to deposit Rs. 10,000/- before the trial court, without prejudice to his rights and contentions, and he has no objection if the said amount is given to the victim/injured person towards the medical expenditure, but such concession may not be construed as admission of guilt on the part of the applicant, as the same is without prejudice to the rights and contentions of the applicant. It is lastly submitted that the applicant is ready and willing to abide by all the conditions which may be imposed by this Court and, therefore, considering the nature of allegations and gravity of offences, the applicant may be enlarged on regular bail. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that from the charge-sheet papers there is a prima facie case against the present applicant, therefore, the present application may be rejected. 5. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that from the charge-sheet papers there is a prima facie case against the present applicant, therefore, the present application may be rejected. 5. Regard being had to the above submissions, since the applicant is ready and willing to deposit an amount of Rs. 10,000/- before the trial court, without prejudice to his rights and contentions, in the facts and circumstances of the case, considering the nature of accusation made against the applicant in the First Information Report and other charge-sheet papers and considering the fact that co-accused have been enlarged on bail by this Court vide orders dated 22.06.2016 and 27.06.2016 passed in Criminal Misc. Application Nos. 13034 of 2016 and 13369 of 2016, respectively, this Court is of the opinion that discretion is required to be exercised to enlarge the applicant on regular bail. 6. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with First Information Report being C.R. No. I-01 of 2016 registered with Chuda Police Station, District-Surendranagar, on his executing personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned trial court, and subject to the following conditions, that the applicant 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 every Monday of each English calendar month for a period of three months and thereafter, on alternate Monday 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] deposit an amount of Rs. 10,000/- before the concerned Trial Court at the time of executing bail bond, failing which, this order shall automatically stands cancelled. 10,000/- before the concerned Trial Court at the time of executing bail bond, failing which, this order shall automatically stands cancelled. Upon depositing of the said amount, the trial Court shall disburse the said amount to the victim/injured person by account payee cheque, after proper verification. It is clarified that such disbursement of the amount shall not be construed as admission of guilt on the part of the applicant in future, as the same is without prejudice to the rights and contentions of the applicant. 7. 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 learned 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, learned 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. 8. Rule is made absolute to the aforesaid extent. 9. Direct service is permitted.