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CR.MA/640/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 640 of
2010
=========================================
KANJI
BHIKHA CHAUHAN (MALI) & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR PRAVIN
GONDALIYA for
Applicant(s) : 1 - 3.
MS. MANISHA L. SHAH, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 08/02/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicants for regular bail, who were
arrested, in connection with F.I.R. registered as C.R. No. I-4 of
2010 with Bhimasar Police Station for the offence punishable under
Sections 363, 366, 376, 506 (2) and 114 of the Indian Penal Code.
2. Learned
advocate for the applicants submitted that the applicants are
innocent persons and they are not the main culprit. They merely aided
and abetted the alleged commission of offence to the main culprit. He
further submitted that considering the role attributed to the
applicants which can be seen from the F.I.R. at Annexure-A to the
application, the applicants deserve to be enlarged on bail.
3. Learned
A.P.P. Ms. Manisha L. Shah, representing the State, while opposing
the bail application, submitted that the applicants are involved in a
serious offence punishable under Sections 363, 366, 376, 506 (2) and
114 of the Indian Penal Code. Considering the role attributed to the
applicants and the nature of the offence in which the applicants are
involved, no lenient view be taken in the matter and the application
does not call for any interference by this Court and the same is
deserved to be dismissed.
4. I
have heard learned advocate Mr. Pravin Gondaliya appearing for the
applicants and learned A.P.P. Ms. Manisha L. Shah appearing for the
State at length and in great detail. I have considered the rival
submissions, averments made in the application, role attributed to
the applicants which is reflected in F.I.R. at Annexure-A to the
application and the manner in which the alleged offence is committed
by them, provisions of Sections 363, 366, 376, 506 (2) and 114 of
the Indian Penal Code and since the applicants are not the main
culprit who committed the alleged offence, I am of the view that the
applicants deserve to be enlarged on bail.
5. In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with C.R. No. I-4 of 2010 registered at Bhimasar Police Station, on
executing a bond of Rs. 10,000/- (Rupees ten thousand only) each with
one surety each of the like amount to the satisfaction of the Trial
Court and subject to the conditions that they shall:
(a) not
take undue advantage of their liberty or abuse their liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
their 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
their 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 their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change
their 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 applicants on bail.
9. Rule is
made absolute to the aforesaid extent. Direct Service today is
permitted.
(H.B.ANTANI,J.)
Shekhar
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