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CR.MA/7905/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7905 of 2010
=========================================================
KANJIBHAI
@ KALPESH POPATBHAI RAIYANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ND NANAVATI FOR MR BHAVIN S RAIYANI
for
Applicant(s) : 1,
MR UA TRIVEDI ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 29/07/2010
ORAL
ORDER
This
petition is filed under section 439 of the Code of Criminal Procedure
by the applicant who has been arrested in connection with CR No. I 37
of 2010 filed before the Gondal City Police Station, District :
Rajkot for the offence punishable under sections 304(B), 306, 498(A)
and 114 of the Indian Penal Code.
Learned
advocate Mr. Nanavati appearing on behalf of the applicant has
submitted that there is no any involvement of the applicant in the
commission of the offence and the ingredients of Section 304 (B) is
not attracted tot he applicant. From the bare parusal of the FIR,
there is no role attributed to the applicant. It is also not
established from the FIR that there is provocation, instigation
and/or abatement made by the applicant. Therefore, the applicant may
kindly be enlarged on bail.
Learned
APP Mr. Trivedi has vehemently opposed the bail application of the
applicant and the applicant is involved in serious offence under
Section 304(B), 306 and 498-A of the Indian Penal Code, therefore,
discretion may not exercised in favour of the applicant.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicants as reflected in the
FIR at Annexure ‘A’, the quantum of punishment, gravity of offence,
there is no also any direct evidence against the applicant, I am of
the opinion that this is a fit case to grant the regular bail to the
applicant. In view of the above, the applicant is required to be
enlarged on regular bail at this stage on stringent conditions,
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 applicant is ordered to be enlarged on bail in connection with
CR No. I 37 of 2010 filed before the Gondal City Police Station,
District : Rajkot 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) 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 their
residence without prior permission of this Court;
[f]. 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 applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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