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CR.MA/14029/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14029 of 2009
=========================================================
SURESH
JIVANBHAI PANKHANIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
JL HAJARE for
Applicant(s) : 1,
MS. KRINA CALLA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 19/01/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant for regular bail, who was arrested,
in connection with F.I.R. registered as C.R. No. I-100 of 2009 with
Jampanchkoshi ‘A’ Division Police Station for the offence punishable
under Sections 399 and 402 of the Indian Penal Code.
2. Learned
advocate for the applicant submitted that considering the role
attributed to the applicant which is reflected in F.I.R. at
Annexure-A to the application, no overt act can be said to have been
committed by the applicant. Considering the aforesaid aspect, the
applicant deserves to be enlarged on bail.
3. Learned
A.P.P. Ms. Krina Calla, representing the State, while opposing the
bail application, submitted that the applicant is involved in the
commission of offence punishable under Sections 399 and 402 of the
Indian Penal Code. Considering the role played by the applicant and
the manner in which the alleged offence is committed, no lenient view
be taken in the matter and the application does not call for any
interference by this Court and the same deserves to be dismissed.
4. I
have heard learned advocate Mr. J.L. Hajare appearing for the
applicant and learned A.P.P. Ms. Krina Calla appearing for the State
at length and in great detail. I have considered the averments made
in the application, the role attributed to the applicant which is
reflected in F.I.R. at Annexure-A to the application, provisions of
Sections 399 and 402 of the Indian Penal Code and quantum of
punishment, antecedents etc. Considering the same, I am of the view
that the applicant deserves to be enlarged on bail.
5. 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-100 of 2009 registered at Jampanchkoshi ‘A’ Division
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) mark
his presence at the 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 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.
6. 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.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. 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.
9. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.ANTANI,J.)
Shekhar
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