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CR.MA/869/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 869 of 2011
=============================================
SANDIPKUMAR
ALIAS SANJAYKUMAR ALIAS KALUBHAI JITENDRABHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR HEMAND RAVAL for MR PRATIK B
BAROT for Applicant(s) : 1,
MR AJ DESAI ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/02/2011
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-65 of 2009 with Adalaj Police Station, for the offences
punishable under Sections 379, 411, 114 of the Indian Penal Code and
Sections 3 and 7 of the Essential Commodities Act.
2. Learned
counsel appearing for the applicant submits that considering the
nature of evidence, role attributed to the applicants, punishment
prescribed and that the co-accused is already enlarged and
charge-sheet is filed and the trial has yet not commenced, this
application for bail may kindly be considered.
3. Heard
learned APP for the respondent – State who opposed grant of
bail looking to the nature and gravity of offence.
4. Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences and the other co-accused has been enlarged,
I am inclined to enlarge the applicant on bail.
5. Learned
counsel for the parties do not press for further reasoned order.
6. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at CR No.I-65 of 2009 with
Adalaj Police Station, on executing a bond of Rs.5,000/- (Rupees Five
Thousand only) 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 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;
(e) mark
presence at the concerned police station on the first Sunday of every
month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish
the present address of 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;
7. The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
8. 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.
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. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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