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CR.MA/7300/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7300 of 2010
=========================================================
RAJNIBHAI
AMBALAL PARMAR & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PP MAJMUDAR for Applicant(s) : 1 - 3.
MR UA TRIVEDI ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 22/07/2010
ORAL
ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicant who has been arrested in connection with
C.R. No. I 107 of 2010 filed before Anand (Rural) Police
Station, District : Anand for the offence punishable under Sections
366, 341 504, 506(1) and 114 of the Indian Penal Code.
Mr. Majmudar, learned
advocate for the applicants submitted that the applicants are the
innocent persons and a false case is foisted on them. Even from the
material, it is not clear about the intention of the applicants for
commission of the offence. The allegations levelled against the
applicants are general in nature. He submitted that considering the
role attributed to the applicants and reflected in the FIR at
Annexure ‘A’ to the application, this is a fit case to enlarge the
applicant on regular bail.
Learned
APP Mr.Trivedi appearing on behalf of the State, while opposing the
bail application, submitted that the applicants are involved in the
serious offence punishable under
Sections 366, 341
504, 506(1) and 114 of the Indian Penal Code.
Considering the role attributed to the applicants along with other
accused and the nature of the offence, no discretionary relief be
granted to the applicants and the application be dismissed.
Having heard the rival
submissions of learned advocates and having considered the role
attributed to the applicant as reflected in the FIR at Annexure A,
the quantum of punishment, gravity of the offence etc., I am of the
view that there is no any direct evidence against the applicants and,
therefore, now at this bail stage, the applicants are required to be
enlarged on regular bail 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 applicants
are ordered to be enlarged on bail in connection with C.R. No. I –
107 of 2010 registered with Anand (Rural) Police Station, District :
Anand on their executing a bond of Rs.10,000/- [Rupees Ten thousand
only] each with one surety of the like amount to the satisfaction of
the trial court and subject to the conditions that they shall:
[a]. not take undue
advantage of their liberty or abuse their liberty;
[b]. not act in a manner
injurious to the interest of the prosecution;
[c]. surrender their
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
addresses of his residences 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 applicants on bail.
Rule is made absolute to
the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED, J.)
ynvyas
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