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CR.MA/4854/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4854 of 2011
=========================================================
RAMESHBHAI
KANJIBHAI BAROT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RB PATEL for
Applicant(s) : 1,MR SHIRISH R PATEL for Applicant(s) : 1,
MR HL
JANI, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 22/04/2011
ORAL ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 for regular bail by the applicant who came to be arrested in
connection with CR No. I 144 of 2009 registered with Rakhial police
station, for the offence punishable under Sections 406, 420, 467,
468, 120-B and 114 of Indian Penal Code.
Learned
advocate, at the outset, submitted that the co-accused who is the
main culprit in the matter is already enlarged on bail by the
coordinate bench of this Court vide order dated 12.5.2010. Learned
advocate placed reliance on the order dated 23.3.2011 passed in
Criminal Misc. Application No. 2264 of 2011 in support of the
submission that another accused is also enlarged on bail having
almost identical role. In view of the above, learned advocate
submitted that the applicant also deserves to be enlarged on bail
even on the ground of parity.
Mr.
H.L. Jani, learned APP, while opposing the bail application submitted
that the applicant is involved in serious offence punishable under
sections 406, 420, 467, 468, 120-B and 114 of IPC. Taking into
account the gravity of the offence, the manner in which the offence
is committed and the nature of offence in which the applicant is
involved, no lenient view be taken in the matter and the application
deserves to be rejected out of hand.
I
have heard the learned advocates of both the sides at length and in
great detail. Considering the rival submissions and on perusal of the
averments made in the application, role attributed to the applicant
which is reflected in the FIR at Annexure:A to the application as
well as the the fact that the co-accused having similar role like the
present applicant is already enlarged on bail by this Court vide
order dated 12.5.2010 passed in Criminal Misc. Application No.4641
of 2010, as well as the provisions of Sections 406, 420, 467, 468,
120-B and 114 of IPC, quantum of punishment etc., I am of the view
that the applicant deserves to be enlarged on bail without discussing
the evidence in detail.
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 CR No. I 144 of 2009 registered at Rakhial 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 first week
of every English calendar 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 applicant on bail.
Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.ANTANI,
J.)
pirzada/-
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