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CR.MA/1008/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1008 of 2010
=========================================================
KESHRIPRASAD
SAKHARAM MISHRA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AA HUSSENI for
Applicant(s) : 1,
MR UA TRIVEDI ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 16/02/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with II-C.R.No.3366 of 2009 registered at Odhav Police
Station for the offences punishable under sections 506(2), 306 and
114 of Indian Penal Code.
The
learned advocate Mr.Husseni for the applicant submitted that
applicant is an innocent person and false case is foisted on him.
Considering the role attributed to the applicant which can be seen
from the First Information Report at Annexure-A to the application,
he merely scolded the son-in-law and save and except the aforesaid
role, no other role can be attributed to the applicant and even
provision of section 306 of Indian Penal Code cannot be said to have
been attracted in the facts and circumstances of the case. Thus,
learned advocate for the applicant submitted that considering the
aforesaid aspect, applicant deserves to be enlarged on bail.
Learned
APP MR.Trivedi representing State while opposing the bail
application submitted that considering the role played by the
applicant and the manner in which offence is committed by the
applicant, no discretionary relief be granted to the applicant and
the application deserves to be dismissed.
Having
considered the rival submissions and on perusal of the averments
made in the application, role attributed to the applicant and
reflected in First Information Report at Annexure-A to the
application, provisions of sections 506(2), 306 and 114 of Indian
Penal Code, quantum of punishment, gravity of offence, police papers
etc., I am of the opinion that applicant deserves to be enlarged on
bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
II-C.R.No.3366 of 2009 registered at Odhav 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 his liberty or abuse his 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 State of Gujarat without the prior permission of the
Sessions Court concerned;
[e]
mark his presence at the concerned Police Station on any day of
every first week of English calender month between 9.00 AM and 2.00
PM till the trial is over;
[f] furnish
the present address of his residence to the I.O. And also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g] maintain
law and order.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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