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2017 DIGILAW 1472 (GUJ)

Kamlesh @ Kamo Kantibhai Makwana v. State of Gujarat

2017-09-01

A.J.DESAI

body2017
ORDER : A.J. DESAI, J. This successive application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with FIR. registered at C.R No. I-25 of 2014 with Limbdi Police Station, District Surendranagar, for the offences punishable under Sections 397, 325, 324, 323, 365, 504, 506(2) and 120(B) of the Indian Penal Code. 2. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. The learned APP opposes the grant of bail looking to the nature and gravity of offences. 4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 5. 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 the fact that investigation is over and charge-sheet is filed, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Learned Additional Public Prosecutor has reported that there are 9 offences registered against the applicant. However, learned advocate appearing for the applicant has stated that except the present offence, in other offences, the applicant has been acquitted by the competent Court. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I-25 of 2014 with Limbdi Police Station, District Surendranagar, on executing a bond of Rs. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I-25 of 2014 with Limbdi Police Station, District Surendranagar, on executing a bond of Rs. 250,000/- (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; 6. 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. 7. Rule made absolute to the aforesaid extent. Direct service is permitted.