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CR.MA/8836/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8836 of 2010
=========================================================
NAGDEVSINH
JAMBHA CHUDASAMA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRATIK B BAROT for
Applicant(s) : 1,
MR AJ DESAI ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/08/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with CR No. I – 27 of 2010
registered with Dhandhuka Police Station for the offences punishable
under Sections 306, 498(A), 504 of the Indian Penal Code.
Learned
advocate Mr. Barot for the applicant submitted that the applicant is
an innocent person and he has been falsely implicated in the
commission of offence as reflected in the FIR. The applicant has not
participated in the commission of the offence nor played any overt
act in the commission of the offence. He further submitted that
earlier an accidental death entry was registered, pursuant to which a
dying declaration of the deceased came to be recorded before the
Executive Magistrate and then a statement before the DSP, but on all
occasions, it was a specific version of the deceased that on account
of bursting of stove, the deceased got died. Considering the prayer
as set out in the application, the applicant be enlarged on bail.
Learned
APP Mr. Desai appearing on behalf of the State, while opposing the
bail application, submitted that the applicant is involved in the
serious offence punishable under Sections 306, 498-A and 504 of the
Indian Penal Code. Considering the role attributed to the applicant
and the nature of the offence, no discretionary relief be granted to
the applicant and the application be dismissed.
I
have heard the learned counsel for the applicant and learned APP for
the respondent State at length and in great detail. I have
considered the role attributed to the applicant which is reflected in
the FIR at Annexure A as well as police papers. There is no any
direct evidence against the applicant and he has not participated in
the commission of the offence or played any overt act. Considering
the peculiar facts and circumstances of the case, the applicant
deserves to be enlarged on bail. However, stringent terms and
conditions are required to be imposed on the applicant while
releasing him on bail.
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 C.R. No. I – 27 of 2010 registered with Dhandhuka 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] 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.
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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