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CR.MA/3922/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3922 of 2010
=========================================================
RAJUBHAI
SHAKARABHAI ZALA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.KIRIT
R CHAUDHARI for
Applicant(s) : 1,
MR DIVYESH SEJPAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 18/06/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 by the applicant who came to be arrested in connection with CR
No. I-45 of 2007 registered with Mahemdavad police station for the
offence punishable under Sections 363 and 363 of Indian Penal Code.
Section 376 of IPC was subsequently added in the FIR on 30th March,
2010.
Learned
advocate Mr.K.R. Chaudhari for the applicant submitted that the
applicant is an innocent person and he has been falsely implicated in
the alleged commission of offence. Considering the role attributed to
the applicant which is reflected in the FIR at Annexure:A to the
application, the applicant deserves to be enlarged on bail.
I
have heard the learned advocates of both the sides at length and in
great detail. Having considered the rival submissions and on perusal
of the averments made in the application, role attributed to the
applicant which is reflected in the FIR, provisions of sections 363,
366 and 376 of IPC, quantum of punishment, police papers, statements
of witnesses and considering the fact that prior to the addition of
Section 376 in the FIR, both the applicant and the victim got married
and have a child out of the said wedlock, I am of the view that the
applicant deserves to be enlarged on bail without discussing the
evidence in detail.
For the
foregoing reasons, the application is allowed and the applicant is
ordered to be enlarged on bail in connection with CR No. I-45 of 2007
registered with Mahemdavad Police Station 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
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 any day of first week
of every English calendar month between 9.00 AM and 2.00 PM. 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.
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.
[H.B.
Antani, J.]
pirzada/-
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