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CR.MA/13662/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13662 of 2011
======================================
JAT
(CHAUDHARY)BHAVRARAM BHANARAM @DHANARAM - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
YM THAKORE for Applicant(s) : 1,
MS CM SHAH ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/10/2011
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I – 97 of 2011 registered Unjha Police Station for the offence
punishable under Sections 392, 395, 120(B) and 114 of the Indian
Penal Code.
3. Learned
advocate Mr. Thakore appearing on behalf of the applicant submitted
that the applicant is an innocent person and he has been wrongly
implicated in the offence. In this matter, the charge-sheet is filed.
He also submitted that nothing is recovered from the applicant and TI
parade is not carried out. Prima facie, it appears that there is no
involvement of the applicant. Therefore, the applicant may kindly be
released on bail by imposing suitable conditions.
4. Learned
APP Ms. Shah strongly opposed the application of the applicant and
stated that the applicant is involved in serious offence. He also
stated that discretion may not be exercised in favour of the
applicant considering the seriousness of offence.
5. Having
considered the rival submissions and on perusal of the role
attributed to the applicant as reflected in the FIR, police papers,
provisions of Sections 392, 395, 120(B) and 114 of the Indian Penal
Code, quantum of punishment and the fact that nothing is recovered
from the applicant and TI parade is not carried out, I am of the view
that the applicant deserves to be enlarged on bail. At this stage of
bail, this Court is not entering into merit of the case.
6. 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 CR No. I- 97 of 2011 registered at Unjha Police Station, on his
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 15th day
every English Calender month at 11:00 a.m. 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.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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