Gujarat High Court Case Information System
Print
CR.MA/3219/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3219 of
2010
=================================================
DASHRATHJI
SOVANJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance
:
MR ANKIT Y BACHANI for
Applicant(s) : 1,
MR DEVANG VYAS, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/04/2010
ORAL
ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who came to be arrested in
connection with I-C.R.No.33 of 2010 registered at Palanpur City
Police Station for the offences punishable under sections 457, 380
read with section 114 of Indian Penal Code.
Heard
learned advocate Mr.A.Y.Bachani for the applicant and Mr.Devang
Vyas, learned APP for respondent State at length and in great
detail.
I
have considered the role attributed to the applicant as reflected in
First Information Report as well as police papers. The statements of
witnesses which are produced by learned APP are also carefully taken
into consideration by me. I have also perused the order passed by
this Court while releasing co-accused on bail in Criminal
Miscellaneous Application No.1700 of 2010 dated 05.03.2010.
Considering the aforesaid aspect, I am of the opinion that applicant
also deserves to be enlarged on bail while the amount in question
i.e. Rs.4,000/- is already recovered.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.33 of 2010 registered at Palanpur City 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 calender 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 petitioner on bail.
Rule is made absolute to
the aforesaid extent. Direct Service is permitted.
(H.B.ANTANI,
J.)
Amit/-
Top