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2017 DIGILAW 1471 (GUJ)

Sanjaygiri Chamangiri Goswami v. State of Gujarat

2017-09-01

A.J.DESAI

body2017
ORDER : A.J. DESAI, J. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent No. 1 - State. 2. This successive application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R registered at C.R No. I - 45 of 2016 with Lodhika Police Station, District Rajkot, for the offences punishable under Sections 394, 504 and 114 of the Indian Penal Code and Section 25(1-A) of the Arms Act and Section 37(1) and 135 of the Gujarat Police Act. 3. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 4. The learned APP opposes the grant of bail looking to the nature and gravity of offences. 5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 6. I have heard learned advocates appearing for the parties. Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR and considering the fact that investigation is over and charge-sheet is filed and the fact that the applicant is behind bar since 23.9.2016, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Considering the past antecedents recorded against the applicant, I am of the opinion that strict conditions are required to be imposed. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I - 45 of 2016 with Lodhika Police Station, District Rajkot, on executing a bond of Rs. Considering the past antecedents recorded against the applicant, I am of the opinion that strict conditions are required to be imposed. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I - 45 of 2016 with Lodhika Police Station, District Rajkot, on executing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one local 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 injuries 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 every Monday of each English Calendar month for a period of six months and thereafter any day of the first week of every English calendar month till the trial is over, between 11.00 a.m. and 2.00 p.m.; [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; 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 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, 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. 8. Rule made absolute to the aforesaid extent. Direct service is permitted.