Gujarat High CourtVirambhai Panchabhai Rojasra T. Koli & 3 vs State Of Gujarat on 11 March, 2016Author:A.J.DesaiBench:A.J.DesaiR/CR.MA/4811/2016                                              ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 4811 of 2016

         ==========================================================
               VIRAMBHAI PANCHABHAI ROJASRA T. KOLI & 3....Applicant(s)
                                     Versus
                         STATE OF GUJARAT....Respondent(s)
         ==========================================================
         Appearance:
         MR DIPEN K DAVE, ADVOCATE for the Applicant(s) No. 1 - 4
         MR LAXMANSINH M ZALA, ADVOCATE for the Applicant(s) No. 1 - 4
         MS MOXA THAKKAR APP for the Respondent(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                     Date : 11/03/2016


                                      ORAL ORDER[1]   The present application is filed underSection 439of the Code
         of Criminal Procedure by the applicants for regular bail in
         connection with an FIR being C.R.No.I-13 of 2016 registered with
         Chotila Police Station, District: Surendranagar for the offences
         underSections 307,143,147,148,149, 506(2) and 504 etc. of theIndian Penal Codeand underSection 135of the Gujarat Police Act.[2]   Learned advocate for the applicants does not press this
         application and seeks permission to withdraw the present application
         qua applicant No.1 - Virambhai Panchabhai Rojasra T. Koli with
         a liberty to file appropriate application before the trial Court after
         filing of a charge-sheet. Permission as prayed for, is granted. The
         present application qua applicant No.1 - Virambhai Panchabhai
         Rojasra T. Koli stands dismissed as withdrawn with above liberty.
         Rule is discharged.Page 1 of 3HC-NIC                                 Page 1 of 3      Created On Sat Mar 12 02:13:09 IST 2016
                      R/CR.MA/4811/2016                                             ORDER[3]   Learned advocate for the applicants submits that considering
         the nature of allegations, role attributed to the applicants, the
         applicants may be enlarged on regular bail by imposing suitable
         conditions.[4]   Learned Additional Public Prosecutor appearing on behalf of the
         respondent-State has opposed grant of regular bail looking to the
         nature and gravity of the offence.[5]   I have heard learned advocates appearing on behalf of the
         respective parties. Learned advocates appearing on behalf of the
         respective parties do not invite reasoned order.[6]   In the facts and circumstances of the case and considering the
         nature of allegations made against the applicants in the FIR, I am of
         the opinion that this is a fit case to exercise the discretion and
         enlarge the applicants on regular bail. Hence, the present application
         is allowed and the applicants no. 2 to 4 are ordered to be released on
         regular bail in connection with an FIR being C.R.No.I-13 of 2016
         registered with Chotila Police Station, District: Surendranagar
         on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand
         Only) each with one surety of the like amount to the satisfaction of
         the learned Trial Court and subject to the conditions that the
         applicants 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 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;Page 2 of 3HC-NIC                                    Page 2 of 3      Created On Sat Mar 12 02:13:09 IST 2016
                        R/CR.MA/4811/2016                                             ORDER



                 [e]       mark presence before the concerned Police Station onevery Monday of each English calendar month for a
                           period of six months and thereafter, on any day of the
                           first week of each English calendar month for a period of
                           two years, between 11:00 a.m. and 2:00 p.m.;[f]       furnish latest and permanent 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 this Court;[7]      The Authorities will release the applicants only if they are 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 learned
         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, learned 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.[8]      Rule is made absolute to the aforesaid extent. Direct service is
         permitted.(A.J.DESAI, J.)
         vijayPage 3 of 3HC-NIC                                      Page 3 of 3      Created On Sat Mar 12 02:13:09 IST 2016