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CR.MA/6011/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6011 of 2010
=========================================================
MANISHKUMAR
@ RAJ CHIMANBHAI DEVJIBHAI KOSAMBIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
MEDHA PANDYA FOR MS. KRUTI M SHAH for Applicant(s) : 1,
MR AJ
DESAI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 30/06/2010
ORAL
ORDER
The
present application is filed by the applicant under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging him on regular
in connection with the offence being CR No. I- 33 of 2010 registered
with Ichchhapore Police Station, Surat, for the offence u/s. 363,
376, 114 of I.P. Code.
Heard
learned Advocate for the applicant and learned A.P.P. for the
respondent. Learned Advocate for the applicant has contended that
the present applicant is merely an abettor and no role is attributed
against him. Learned APP has vehemently opposed this application.
However, both the parties do not press for any reasoned order.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses,
gravity of the offence and quantum of punishment and the fact that
there is no definite allegation made against the applicant, I am
inclined to grant bail to the applicant.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I – 33 of 2010
registered with Ichchhapore Police Station, Tal. Choryasi, Dist.
Surat, for the offences alleged against him in this application on
his executing a Bond of Rs.10,000/- (Rupees ten thousand only) with
one solvent 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) furnish
the 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 the residence
without prior permission of this Court;
g) surrender
his passport, if any, to the lower Court within a week.
6. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
7. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
8. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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