Gujarat High Court Case Information System
Print
CR.MA/9594/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9594 of 2011
=========================================================
JAYESHBHAI
BHIMJIBHAI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PP KASVALA for
Applicant(s) : 1,
MRS. MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 26/07/2011
ORAL
ORDER
RULE.
Learned APP waives service of notice of Rule for the respondent –
State.
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.53/2005 with Amreli City Police Station, Amreli for the
offences punishable u/s. 324, 323, 504, 147, 148, 149, 325, 326 and
435 of Indian Penal Code and u/s. 135 of the Bombay Police Act.
Learned
Counsel appearing for the applicant submits that
due to a liver ailment, the applicant was admitted in Sterling
Hospital, Surat as an indoor patient. Later on the wife of the
applicant delivered a child and the father
of the applicant also expired. In the above circumstances, the
applicant could not comply with the conditions of the bail and the
learned Sessions Judge, Amreli issued a non-bailable warrant. It is
further submitted that the applicant would file an Undertaking
before the Trial Court that he would attend the hearing of the case,
as required, unless so exempted by the Trial Court without any
default and in the above circumstances, of filing an Undertaking by
the applicant as stated above, the applicant may be enlarged
on bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.53/2005 with
Amreli City Police Station, Amreli on executing a bond of Rs.5,000/-
(Rupees Five 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 liberty or misuse 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 prior permission of the
Sessions Judge concerned;
e)
file an Undertaking before the
Trial Court that he would attend the hearing of the case, as
required, unless so exempted by the Trial Court without any default;
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 the residence without prior permission of this
Court;
The
authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
Top