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CR.MA/13269/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13269 of 2011
======================================
KETANBHAI
RATILAL RAVAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
RJ GOSWAMI for Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 21/09/2011
ORAL
ORDER
RULE.
Learned APP Mr. Jani waives service of Rule on behalf of the
respondent – State.
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
M. Case No.5 of 2011 registered at Bhiloda Police Station, Dist.
Sabarkantha for the offence punishable under Sections 363, 366,
506(2) and 376 of the Indian Penal Code and Section 3(2)5 of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act.
2. Heard
learned advocate for the applicant and Mr H.L. Jani, learned APP for
the State at length and in great detail. Having considered the rival
submissions and on perusal of the role attributed to the applicant as
reflected in the FIR, police papers, provisions of Sections 363, 366,
506(2) and 376 of the Indian Penal Code and Section 3(2)5 of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, quantum of punishment, etc., I am of the view that the applicant
deserves to be enlarged on bail as there is no direct allegation
against the applicant, for the offences as alleged. At this stage of
bail, this Court is not discussing the evidence in detail.
3. 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 M. Case No. 5 of 2011 registered at Bhiloda Police Station,
Dist. Sabarkantha 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] 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;
[f] maintain
law and order.
4. 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.
5. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
6. 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.
7. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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