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CR.MA/1011620/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10116 of 2008
==================================================
PARAKRAMSINH
MAHENDRASINH GOHIL - Applicant
Versus
STATE
OF GUJARAT - Respondent
==================================================Appearance
:
MR TULSHI R SAVANI for the
Applicant.
MR HL JANI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent.
==================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 04/08/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Mr. H. L. Jani waives service
of Rule on behalf of the respondent-State. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure seeking regular bail of the petitioner in connection with
FIR bearing C. R. No. I-8 of 2008 filed at Alang Police Station,
District:- Bhavnagar for the offences punishable under Sections 395,
457, 347, 504 and 120B of the Indian Penal Code and under Section 135
of the Bombay Police Act.
3. Learned
Advocate Mr. T. R. Savani for the petitioner submitted that a false
case is foisted on the petitioner which can be seen from the FIR at
Annexure-A to the petition. The learned Advocate further submitted
that no overt act can be alleged against the present petitioner and,
therefore, the prayer, as set out in the petition, deserves to be
granted.
4. Learned
Additional Public Prosecutor Mr. H. L. Jani representing the State
submitted that the petitioner has been booked for the offences
punishable under Sections 395, 457, 347, 504 and 120B of the Indian
Penal Code and under Section 135 of the Bombay Police Act.
Considering the role attributed to the petitioner and the manner in
which the offences are committed by petitioner along with other
accused persons, the petition deserves to be rejected.
5. Having
considered the rival submissions and on perusal of the averments made
in the petition as well as the FIR at Annexure-A to the petition, the
petitioner is booked for the offences punishable under Sections 395,
457, 347, 504 and 120B of the Indian Penal Code and under Section 135
of the Bombay Police Act. I have perused the FIR wherein the name of
the petitioner does not figure. Prima
facie even the involvement of the petitioner is not indicated
in the FIR. In view of the above, I am inclined to exercise my
discretion in favour of the petitioner without entering into the
merits of the case.
6. For
the foregoing reasons, the petition is allowed. The petitioner is
ordered to be enlarged on bail in connection with C. R. bearing No.
I-8 of 2008 filed at Alang Police Station for the offences punishable
under Sections 395, 457, 347, 504 and 120B of the Indian Penal Code
and Section 135 of the Bombay Police Act 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 concerned police station on any day of every
first week 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 Investigating
Officer 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; and,
[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 petitioner on bail.
10.
Rule is made absolute. Direct Service is permitted.
[H.
B. ANTANI, J.]
/shamnath
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