Gujarat High Court Case Information System
Print
CR.MA/1626/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1626 of 2011
=========================================
RAJU
NIRABHAYSINH PARIHAR (THAKUR) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR HEMANT B
RAVAL for
petitioner(s) : 1,
Ms C M Shah, Addl.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 11/02/2011
ORAL
ORDER
1.
Rule.
Mr. learned APP, waives service of notice of Rule for respondent –
State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I- 339 of 2010 with Shaherkotda Police Station, for the
offences punishable under Sections 454, 457, 480 of the Indian Penal
Code.
3. Learned
counsel appearing for the petitioner submits that the charge sheet
is filed and beyond the circumstances under control and salary of the
petitioner was not paid, the allegations levelled appear to be not
well founded about the commissioning of alleged crime. In view of
the above, it is submitted by the learned Advocate that by imposing
suitable conditions, the petitioner may be enlarged on bail.
Heard learned
APP for the respondent – State who opposed grant of bail
looking to the role attributed to the accused and the punishment
prescribed.
4. I have heard
learned counsel for the parties and perused the record of the case.
Prima facie, it appears that the petitioner has repeated the offence
at the same place and muddamal was recovered but considering the
provisions about the alleged offence vis-a-vis the punishment
prescribed for the alleged offences and the same is triable by the
learned Magistrate and now charge sheet is filed, by imposing
suitable condition, I am inclined to enlarge the petitioner on bail.
Learned counsel
for the parties do not press for further reasoned order.
5. In the facts
and circumstances of the case, the application is allowed and the
petitioner is ordered to be released on bail in connection with first
information report registered being C.R. No.I- 339 of 2010 with
Shaherkotda 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 he
shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
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;
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 the
residence without prior permission of this Court;
The
petitioner is ordered to remain out of Ahmedabad for a period
of three months except for marking presence and for attending the
trial.
The
Authorities will release the petitioner only if not required in
connection with any other offence for the time being.
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.
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. D.S. Permitted.
(ANANT
S. DAVE, J.)
msp
Top