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CR.MA/755/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 755 of 2010
=========================================================
JITENDRABHAI
VIJAYBHAI RAO - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HN BRAHMBHATT for Applicant(s) : 1,
MR UA TRIVEDI, ADDL. PUBLIC
PROSECUTOR for
Respondent.
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 10/02/2010
ORAL
ORDER
This petition is
filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No. I
302 of 2009 before the Mahemdavad Police Station, Dist. Nadiad for
the offence punishable under sections 392, 170 and 511 of the Indian
Penal Code.
Learned advocate
Mr. Brahmbhatt submitted that the applicant is an innocent person and
a false case is foisted on him. He further submitted that considering
the role attributed to the applicants in the FIR, there was only an
attempt to commit robbery and no robbery was actually committed. He
further submitted that the applicant is a mentally unstable person
and is under treatment for the said sickness. He therefore submitted
that this is a fit case to enlarge the applicant on regular bail.
As against the
above, learned APP Mr. Trivedi submitted that looking to the gravity
of the offence and the manner in which the applicant has committed
the offence, discretionary relief may not be exercised in favour of
the applicant.
Heard learned
advocate Mr. Raval for the petitioner and Mr. Trivedi, learned APP at
length and in great detail. I have also perused the averments made
in the petition as well as the FIR produced on record the petition.
The offence alleged against the applicant is of attempt to commit
robbery. I have also considered the certificate showing mental
condition of the applicant. Considering the above, I am of the view
that the the petitioner is required to be enlarged on regular bail at
this stage, without entering into the merits of the case and without
discussing the evidence in detail.
The parties do
not press for further reasoned order.
In the facts and
circumstances of the case, the petition is allowed and the petitioner
is ordered to be enlarged on bail in connection with C.R. No.I
302 of 2009 before the Mahemdavad Police Station, Dist. Nadiad 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 they 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 Mahemdavad Police Station once in a month, i.e. any
day on the 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.
mathew [H.B.ANTANI,
J.]
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