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CR.MA/11993/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11993 of 2008
=========================================================
BHIKHA
GANESH CHAVADA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PR NANAVATI for Applicant(s) : 1,
MS. ML SHAH, ADDL. PUBLIC
PROSECUTOR for
Respondent.,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/09/2008
ORAL
ORDER
RULE. Ms. M.L.
Shah, learned Additional Public Prosecutor waives service of rule on
behalf of the respondent. At the request of the learned counsel
appearing for the parties, this petition is taken up for hearing
today.
This petition is
filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No. I ?
343 of 2008 before Gandhidham Police Station, Dist. Kutch-Bhuj for
the offences punishable under sections 376 and 506 (2) of the Indian
Penal Code.
Learned advocate
representing the petitioner submitted that considering the role
attributed to the petitioner which is reflected in the FIR at
Annexure ‘A’, no overt act is attributed to the petitioner and,
therefore, it is a fit case to enlarge the petitioner on bail.
On the other
hand, learned Additional Public Prosecutor representing the State
submitted that considering the role attributed to the petitioner and
the manner in which the offence is committed by the petitioner, no
discretionary relief is required to be given to the petitioner and
the petition deserves to be dismissed. She, however, submitted that
if the Court is inclined to grant bail, then the petitioner may be
ordered not to enter the limits of Gandhidham Town, except for
attending the trial.
Heard learned
advocate Mr. Nanavati for the petitioner and Ms. M.L. Shah, learned
APP at length and in great detail. I have also perused the averments
made in the petition as well as the FIR produced on record of the
petition. I have also perused the order passed by the learned
Additional Sessions Judge, Gandhidham in Criminal Misc. Application
No. 324 of 2008. Considering the role attributed to the petitioner
and the manner in which the offence is alleged to have been committed
by the petitioner, the gravity of the offence and the punishment
which could be inflicted for the offences alleged against the
petitioner, I am of the view that the the petitioner is required to
be enlarged on regular bail at this stage, without entering into the
merits of the case and without discussing the evidence in detail.
The parties do
not press for further reasoned order.
In the facts and
circumstances of the case, the petition is allowed and the petitioner
is ordered to be enlarged on bail in connection with C.R. No. I ?
343 of 2008 before Gandhidham Police Station, Dist. Kutch-Bhuj 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 enter the
territorial limits of Gandhidham Town, except for attending the
trial, till the trial is over.
[b]. not take
undue advantage of his liberty or abuse his liberty;
[c]. not act in a
manner injurious to the interest of the prosecution;
[d]. surrender his
passport, if any, to the lower court within a week;
[e]. not leave the
State of Gujarat without the prior permission of the Sessions court
concerned;
[f]. mark his
presence at Adhoi Police Station/Chowky on 1st and 15th
of English calendar month between 9.00 AM and 2.00 PM. till the trial
is over;
[g]. 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;
[h]. 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.
mathew [H.B.ANTANI,
J.]
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