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Gujarat High Court · body

2017 DIGILAW 1118 (GUJ)

Jayesh Amratbhai Desai v. State of Gujarat

2017-07-03

G.R.UDHWANI

body2017
ORDER : G.R. UDHWANI, J. 1. The regular bail under Section 439 of Criminal Procedure Code (for short “Cr. P.C”) in respect of the offence registered at I- CR No. 67 of 2017 with Ghatlodiya Police Station on 26.05.2017 alleging offence inter-alia under Sections 323, 324, 326, 294(b), 506(2), 427, 114 of the Indian Penal Code and u/s. 135(1) of G.P. Act is sought by the applicants. 2. Heard learned counsel for the applicants and learned Public Prosecutor for the respondent-State. 3. Considering the fact that the offence lodged against the applicants is predominantly u/s. 326 of the IPC and the victim has been discharged from the hospital, the discretion is exercised and the applicants are ordered to be enlarged on bail. They will however not enter into the jurisdiction of Ghatlodiya Police Station except for the purpose of marking their presence as indicated in this order. In above view of the matter, the applicants are entitled to the bail u/s. 439 of the Cr.P.C Accordingly, it is ordered that the applicants be enlarged on bail in connection with CR No. I -67 of 2017 registered with Ghatlodiya Police Station on their executing a 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 following 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 every Monday for a period of three months and thereafter on any day of first week of each English Calendar Month for a period of six months; (f) furnish latest 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; 4. The Authorities will release the applicants on bail in respect of the above offence. If breach of any of the above conditions is committed, the learned Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. The Authorities will release the applicants on bail in respect of the above offence. If breach of any of the above conditions is committed, the learned 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. 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 applicants on bail. 5. Rule is made absolute to the aforesaid extent. Direct service is permitted.