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CR.MA/5741/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5741 of 2010
=========================================
GANESH
RAJMANEKAM MUDALIYAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
BC DAVE for Applicant(s) : 1,MR KUNAL B DAVE for Applicant(s) : 1,
MR
AJ DESAI ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 13/07/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who has been arrested in
connection with CR No. I 21 of 2010 registered with Padra Police
Station, for the offences punishable under Sections 379, 120-B and
413 of the Indian Penal Code, Sections 3(1)(2) of the Public
Property Damages Act and Sections 3 and 7 of the Essential
Commodities Act.
Learned
advocate Mr. Dave appearing on behalf of the applicant that the
charge-sheet is already filed and the applicant is arrested only on
the basis of statement of co-accused. The applicant is an innocent
person. Therefore, the applicant may be enlarged on bail by imposing
suitable conditions.
Learned APP
Mr. Desai while opposing the bail application, submitted that the
applicant is involved in the serious offence and therefore,
discretion may not exercised in favour of the applicant. The
application may be rejected.
I have heard
the learned advocate for the applicant and learned APP for the
respondent State at length. Considering the role attributed to
the applicant as reflected in the FIR, police papers, provisions of
Sections 379, 120-B and 413 of the Indian Penal Code, Sections
3(1)(2) of the Public Property Damages Act and Sections 3 and 7 of
the Essential Commodities Act, quantum of punishment, gravity of the
offence etc., I am of the view that the applicant deserves to be
enlarged on bail at this stage on stringent terms and conditions,
without entering into the merits of the case and without discussing
the evidence in detail.
The parties do
not press for further reasoned order.
For the
foregoing reasons, the application is allowed and the applicant is
ordered to be enlarged on bail in connection with C.R. No. I 21
of 2010 registered with Padra Police Station on his 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 the concerned Police Station on 30th day 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.
(Z.K.SAIYED,
J.)
ynvyas
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