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Gujarat High Court · body

2016 DIGILAW 2151 (GUJ)

Sanjaybhai Ghanshyambhai Ravodara v. State of Gujarat

2016-11-03

A.Y.KOGJE

body2016
ORDER : A.Y. Kogje, J. Learned Advocate appearing on behalf of the applicants does not press this application so far as applicant Nos. 1 and 3 are concerned. 2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the I-C.R. No. 144 of 2016 registered with Panshila Police Station, Dist. Surendranagar for offence punishable under Sections 395, 397, 506(2) and 504 of the Indian Penal Code and Section 135 of the Gujarat Police Act. 3. So far as applicant Nos. 2 and 4 are concerned, learned advocate for the applicants submits that no role is attributed and only presence is shown. Now two injured persons are discharged from the hospital and they are out of danger. 4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. He submits that there are antecedents against respondent No. 4. However, such antecedents are of the year 2004. 5. Learned advocate Mr. Vishvanath Joshi is permitted to appear on behalf of original complainant. He opposed grant of regular bail. However, submits that in case the bail is granted, strict condition of not permitting the applicants to enter into sensitive area of village Panshina should be imposed. 6. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 7. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. 8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40 . 9. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the FIR, 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. 10. Hence, the present application is allowed so far as applicant Nos. 2 and 4. The applicant Nos. 2 and 4 are ordered to be released on regular bail in connection with I-C.R. No. 144 of 2016 registered with Panshina Police Station, Dist. Surendranagar on executing personal bond of Rs. 10. Hence, the present application is allowed so far as applicant Nos. 2 and 4. The applicant Nos. 2 and 4 are ordered to be released on regular bail in connection with I-C.R. No. 144 of 2016 registered with Panshina Police Station, Dist. Surendranagar on executing 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 enter into village Panshina, Taluka: Limdi, District: Surendranagar till filing of charge sheet except marking presence. [b] not take undue advantage of liberty or misuse liberty; [c] not act in a manner injurious to the interest of the prosecution; [d] surrender passport, if any, to the lower court within a week; [e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; [f] mark presence before the concerned Police Station once in a week till filing of charge sheet; [g] furnish the present 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; 11. The authorities will release the applicants only if they 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. 12. 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. 13. 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. 14. Rule is made absolute to the aforesaid extent. Direct service is permitted.