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CR.MA/1020620/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10206 of 2008
=========================================
PARESH
RAMJI MER KOLI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
KIRTIDEV R DAVE for Applicant(s) : 1,MR RAHUL K DAVE for Applicant(s)
: 1,
MR.H.L.
JANI, ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 05/08/2008
ORAL
ORDER
1. RULE. Mr. H.L.
Jani, learned Additional Public Prosecutor, waives service of rule on
behalf of the respondent. At the request of the learned counsel
appearing for the parties, this application is taken up for hearing
today.
2. This application is
filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as I-C.R. No.-26
of 2008 dated 26.6.2008 filed before the Nalia Police Station, for
the offences punishable under Sections 420 and 511 of the Indian
Penal Code.
3. Learned advocate
for the applicant submitted that on perusal of the First Information
Report at Annexure-A to the petition, the applicant has been falsely
implicated for the offence. False case is foisted on the applicant.
The applicant has not acted in any overt manner so as to be roped in
for the offences punishable under Sections 420 and 511 of Indian
Penal Code. In view of above, learned advocate for the applicant
submitted that it is fit case for enlarging the applicant on regular
bail.
4. Learned Additional
Public Prosecutor representing the State submitted that on perusal of
the First Information Report at Annexure-A to the application, the
applicant has been charged for the offences punishable under Sections
420 and 511 of the Indian Penal Code. Considering the role attributed
to the applicant and the manner in which he made an attempt to dupe
the complainant, it is a fit case where the application for bail
deserves to be rejected.
5. Considering the
rival contentions and on perusal of the First Information Report at
Annexure-A to the petition, the applicant is booked for the offences
punishable under Sections 420 and 511 of the Indian Penal Code. I
have considered the role attributed to the applicant and the manner
in which alleged offence is prima facie committed by the applicant.
However, without entering into the merits of the case, I am inclined
to exercise my discretion in favour of the applicant.
6. 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 I-C.R.
No.26 of 2008 registered at Nalia 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 Nalia police station on 1st and 15th day of
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.
7. 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.
8. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
9. 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.
10. Rule is made
absolute. Direct Service is permitted.
[H.B.ANTANI, J.]
sudhir
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