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2017 DIGILAW 1540 (GUJ)

Parmar Bhikhabhai Kacharabhai Through his Son Prashantbhai Bhikhabhai Parmar v. State of Gujarat

2017-09-04

G.R.UDHWANI

body2017
ORDER : G.R UDHWANI, J. 1. Heard learned advocate for the applicant and learned APP for the respondent State. 2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 326, 325, 323, 504, 506(2), 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act for which FIR came to be registered at C.R No. I-101 of 2017 with Kadi Police Station. 3. The learned counsel for the petitioner submitted that the use of sticks has been attributed to the petitioner for causing external injuries on the person of the deceased which though have been certified as the injuries sufficient in the ordinary course of nature to cause death, the weapons stick cannot be said to be a dangerous weapon and the external injuries were not so serious as would cause death in the ordinary cause of nature. It was submitted that FIR was delayed by one day as the deceased was removed to the hospital and succumbed to the injuries only after four days and thus it is submitted by learned counsel for the petitioner that proximity between the acts of the petitioner and the result thereof were lacking. 4. Learned APP invited attention of this Court to the certificate of injury with the contention that the accused persons were named in the medical history attributing to them the sticks and multiple injuries by means of stick were caused on the persons of the deceased and the cause of death certified in PM re port is the injuries sustained by the deceased all over the body. 5. Having considered the rival contentions and without expressing any opinion on the submission made by the parties as the parties do not invite the reasons for this order, the petitioner deserves to be admitted to bail. 6. Hence, this application is allowed and applicant is ordered to be released on bail in connection with CR No. I-101 of 2017 registered with Kadi Police Station on executing a bond of Rs. 6. Hence, this application is allowed and applicant is ordered to be released on bail in connection with CR No. I-101 of 2017 registered with Kadi Police Station on executing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with one 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 injurious to the interest of the prosecution; (c) surrender his passport, if any, to the lower court within a week; (d) not leave the territory of India without prior permission of the Sessions Judge concerned; (e) mark presence in the concerned police station once in a (calendar month. (f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court. 7. The competent authority will release the applicants only if he is not required in connection with an there offence for the time being. 8. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 9. Bail bond to be executed before the lower court having jurisdiction to try the case. 10. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 11. 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 applicants on bail. 12. Rule made absolute to the aforesaid extent. Direct service is permitted.