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CR.MA/13001/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13001 of 2010
=========================================================
DHARMESH
@ DHAMO YOGESH JOSHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
DHARMESH D NANAVATY for
Applicant(s) : 1,
MR RC KODEKAR, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 27/10/2010
ORAL
ORDER
Rule,
Mr.R.C.Kodekar, learned APP
appears and waives service of notice of Rule on behalf of respondent
– State of Gujarat.
The
petitioner preferred this application u/s.439 of the Code of
Criminal Procedure (‘the Code’, for short) to obtain regular bail in
connection with Udhyognagar police station, Porbandar C.R.No.II –
32 of 2010 for the offences punishable under Sections 25(1)BA of
the Arms Act, 1959 and u/s.135 of the Bombay Police Act.
Considering
the facts and circumstances of the case and with consent of both the
sides, the matter is taken up for final hearing today.
Mr.Dharmesh
Nanavati, learned advocate representing the petitioner submitted
that perusing the FIR, it is clearly stated that the country-made
pistol, which came to be recovered from the petitioner was given to
him by original accused No.2 Punja Rama Odedara, and original
accused No.3 Mer Rama Nathabhai had in turn delivered the said
weapon to original accused No.2 Punja Rama Odedara. It is submitted
that the petitioner is original accused No.1 in the FIR. It is
further submitted that the country-made weapon has already been
recovered by the police. That the petitioner has no adverse
antecedent and considering the nature of the offence and the
accusation of the offence, the same is triable by the Court of
learned Judicial Magistrate First Class. It is further submitted
that the co-accused Mer Ram Nathabhai is released on regular bail by
this Court. Therefore, it is submitted that this application may be
allowed.
Per
contra, Mr.R.C.Kodekar, learned APP representing the respondent –
State of Gujarat opposed this application and submitted that
considering the nature of offence, so also the nature of the firearm
seized from the petitioner himself, the petitioner is not entitled
to regular bail and, therefore, this application may be dismissed.
Having
considered the submissions advanced on behalf of both the sides, so
also considering the nature of weapon seized from the petitioner,
and considering the fact that one of the co-accused
has already been released on bail by this Court, and considering the
facts and circumstances of the case, the instant bail application
deserves to be allowed.
The
application is allowed. petitioner is ordered to be released on bail
in connection with Udhyognagar police station, Porbandar C.R.No.II –
32 of 2010 for the offences alleged against him in this application
on his executing bond of Rs.5,000/- (Rupees Five Thousand only)
with one surety each of the like amount to the satisfaction of the
lower Court and subject to the conditions that he shall,
a) not take undue advantage of his liberty or abuse his liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should co-operate the investigating officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the local limits of State of Gujarat without the prior permission of the concerned trial Judge.
f) mark presence before the concerned police station once in every English calender month between 1st day to 7th day of the month, at any time between 11 a.m. to 5 p.m. till the commencement of trial.
g) furnish the 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 the residence without prior permission of this Court;
h) surrender his Passport, if any, to the lower court within a week;
If
breach of any of the above conditions is committed, the
concerned trial Judge will be free to issue warrant or take
appropriate action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It
would be open to the trial court concerned to give time to furnish
the solvency certificate if prayed for.
Rule
is made absolute. Direct service is permitted.
(J.C.UPADHYAYA,
J.)
(binoy)
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