Rameshbhai Bachubhai Mali vs State Of Gujarat

1. By way of the present successive bail application filed under Section 439 of the Code of Criminal Procedure, the applicant has prayed to release him on regular bail in connection with F.I.R. registered at C.R. No. I ­ 05 of 2016 with Sama Police Station for the offences punishable under Sections 143, 147, 148, 323, 325, 326 and 294(b) etc. of the IPC and under section 135 of the G.P.Act..

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.

5. I have heard learned advocates appearing for the parties. Perused the papers of charge sheet. Considering the fact that the injured is discharged from the hospital and there are antecedent against the present applicant with regard to the offence under the provisions of Bombay Prohibition Act, the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No. I ­ 05 of 2016 with Sama Police Station 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 for a period of one year and thereafter on any day of each English Calender Month till the trial is over;

[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 Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri May 06 02:58:35 IST 2016 R/CR.MA/8619/2016 ORDER 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.

(A.J.DESAI, J.) *Kazi...

HC-NIC Page 3 of 3 Created On Fri May 06 02:58:35 IST 2016