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CR.MA/10594/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10594 of 2010
=============================================
HARESH
REVABHAI BHARWAD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR BS PATEL for Applicant(s) :
1,
MS KRINA CALLA ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 09/09/2010
ORAL
ORDER
1. RULE.
Ms. Krina Calla, learned APP waives service of rule on behalf of the
respondent – State.
2. This
application is filed under section 439 of the Code of Criminal
Procedure by the applicants who have been arrested in connection
with C.R. No. I – 298 of 2010 registered with Makarpura Police
Station, Vadodara for the offence punishable under sections 147, 148,
149, 307, 323, 325, 504, 406(2) and 427 of the Indian Penal Code and
135 of the Bombay Police Act.
3. Mr.B.
S. Patel, learned advocate for the applicant submitted that the
applicant is innocent person and a false case is foisted on him. He
submitted that considering the role attributed to the applicant and
reflected in the FIR at Annexure ‘A’ to the application, this is a
fit case to enlarge the applicant on regular bail.
4. As
against the aforesaid, learned APP Ms. Krina Calla submitted that
considering the role played by the applicant, no discretionary relief
can be granted to the applicant, and the application deserves to be
dismissed.
5. Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicant and reflected in the
FIR at Annexure A, the quantum of punishment etc. and gravity and
co-accused being enlarged on bail, I am of the view that the
applicant is required to be enlarged on regular bail at this stage on
stringent conditions, without entering into the merits of the case
and without discussing the evidence in detail.
6. The
parties do not press for further reasoned order.
7. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with C.R. No. I – 298 of 2010 registered with Makarpura Police
Station, Vadodara, on executing a bond of Rs.10,000/- [Rupees Ten
thousand only] each with one surety of the like amount to the
satisfaction of the trial court and subject to the conditions that
they 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 passports, 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 15th day
of each English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f]. furnish
the present addresses 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.
8. 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.
9. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
10. 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.
11. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[ANANT
S. DAVE, J.]
//smita//
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