AI Structured Summary
Not yet generated for this judgment
Judgment
Ilesh J. Vora, J
Leave to amend is granted in Cr.M.A. No. 5541 of 2022.
Rule. Learned APP waives service of Rule on behalf of respondent State in Cr.M.A No. 7494 of 2022.
Both the above bail applications arise from one and same FIR and therefore, they were heard together and disposed of by this common order.
Heard Mr. Jayesh A. Dave, learned advocate for the applicant and Ms. Bhatt, learned APP for the respondent State.
The applicants, by way of this application filed under Section 439 of the Code of Criminal Procedure, seek regular bail in connection with the FIR being C.R. No. 11191008211572 of 2021 registered with Chandkheda Police Station, Dist. Ahmedabad City, for the offences punishable under Sections 302 and 114 of IPC.
Facts leading to file present applications are that the applicants and deceased Bharat Raymalji were in business of selling vegetable, doing their business at the same place, as referred in the FIR. It is the case of the prosecution that prior to incident, due to business rivalry, the applicants came at the place of business of deceased, where, they had caused damage to handcart of the deceased. It is further case of the prosecution that on the same day of incident at about 8=00 pm, the applicants along with juvenile accused Billu, approached the deceased at the site of business with a view to kill him. It is alleged in the FIR that, in order to kill the deceased, applicants have caught hold the deceased, whereas, the juvenile accused inflicted stab wound by knife over the left thai of the deceased and fled away from the spot. The deceased was taken to hospital, where, he was declared dead. In such circumstances, the FIR came to be registered for the offences as referred above and after completion of investigation, they have been chargesheeted.
Learned Advocate Mr. Dave for and on behalf of applicants submitted that the applicants were not armed with any weapons and did not have assaulted the deceased and therefore, considering the role attributable to present applicants herein, it prima-facie, appears that with oblique motive, the applicants have been falsely implicated in the alleged offence. He further urged that nothing incriminating material found against the applicants to link them in the alleged offence. In such circumstances, he submitted that the applicant are in custody since October, 2021 and still trial is not commence and therefore, discretion may kindly be exercised enlarging the applicants on bail.
Opposing the bail applications, learned APP submitted that presence of applicants at the scene of offence have been established and they had caught hold the deceased to facilitate juvenile to inflict stab wound. In such circumstances, when there is prima-facie case against the applicants for the alleged offence of murder, no case is made out to exercise discretion in favour of the applicants.
Having heard learned counsels for the respective parties and upon perusal of the chargesheet case papers, it appears that applicants and deceased were in the same occupation of selling vegetable and doing their work in the same area by using handcart. It is not in dispute that there was no any overt act on the part of the applicants in the alleged act of murder. During the course of investigation, the cloths of the applicants have been seized, whereupon, no any blood stains were found. The investigating agency was unable to get CC TV footage, so as to establishment the involvement of the applicants. In such circumstances, considering the role attributable to present applicants herein and nature of injuries, without expressing anything on the merits of the case, this court is inclined to release the applicants on bail. Hence, the bail application is allowed.
Hence, the applicants are ordered to be released on regular bail in connection with the FIR being C.R. No. 11191008211572 of 2021 registered with Chandkheda Police Station, Dist. Ahmedabad City, on executing a personal bond of Rs.10,000/-(Rupees Ten thousands only) each, with one surety of the like amount each to the satisfaction of the learned Trial Court and subject to the conditions that they shall:
No.
Conditions
(a)
not take undue misuse liberty;
advantage
of
liberty
or
(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 India without prior permission of the Sessions Judge concerned;
(e)
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 the trial Court;
The authorities shall release the applicant if they are not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicants. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct service permitted.