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CR.MA/8276/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8276 of 2011
=========================================================
NAMDEVBHAI
NAVSUBHAI GAVIT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1,
MR LB DABHI ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 22/06/2011
ORAL
ORDER
1. Rule.
Mr. Dabhi, learned APP, waives service of notice of Rule on behalf of
the respondent-State.
2. Heard
Mr.Shakeel Qureshi, learned advocate for the applicant and Mr.Dabhi,
learned APP for the respondent-State.
3. This
application seeking regular bail under section 439 of the Code of
Criminal Procedure, 1973 has been preferred by applicant in
connection with the offence registered with Valsad Police Station
bearing I-C.R.No.33 of 2011 for the offence punishable under sections
26(1)(f), 41(2)(b) of the Indian Forest Act and under sections 3 and
7 of the Damage to Public Properties Act.
4. Mr.Qureshi,
learned advocate for the applicant has submitted that the applicant
has been falsely involved in the case as the applicant. He has
submitted that the goods involved in the theft as alleged to have
been committed by the applicant, have already been recovered and
there now nothing remains to be recovered. He has submitted that
looking to the age of the applicant of 20 years and considering the
fact that the applicant is prosecuting his studies and has to secure
admission in F.Y.B.A., and also the fact that the charge sheet has
been filed and the investigation is over, present applicant may be
released on bail.
5. The
application is opposed by Mr.Dabhi, learned APP, who has submitted
that the applicant has committed the alleged offence which is serious
in nature and that therefore the application deserves to be rejected.
6. Having
heard the learned counsel for both the sides and considering the
facts and circumstances of the case as well as the material produced
on record of this case, the gravity of the offence, the quantum of
punishment, the allegations against the applicant, the manner in
which the applicant is allegedly involved in the case as per the
allegation of the prosecution, role attributed to the applicant, the
age factor of the applicant accused, coupled with the fact that
charge sheet has been filed and investigation is over, I am of the
view that the applicant accused deserves to be released on bail, I am
inclined to allow this application and release the applicant.
7. Hence,
this application is partly allowed. It is directed that the present
applicant accused in connection with I-C.R.No.33 of 2011 registered
with Valsad Police Station be released on bail, in respect of the
offences alleged against him in this application, on his executing
and furnishing a bond of Rs.10,000/- (Rupees: Ten Thousand Only) with
one solvent surety of like amount, by the concerned Police Officer,
and on condition that he shall:-
(a) not
take undue advantage of or abuse the liberty;
(b) not
act in manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Court concerned;
(e) furnish
the address of his residence at the time of execution of bond and
shall not change the residence without prior permission of the
Sessions Court/this Court;
(f) surrender
his passport, if any, to the lower court within 4 days from the date
of this order;
(g) mark
his presence at Valsad Police Station initially on 25th
June, 2011 and thereafter on every first and fifteenth day of every
month, between 11.00 a.m. to 3.00 p.m.;
(h)
not enter the revenue limit of Valsad Taluka till the trial is over
and for 6 months shall not enter revenue limit of Navsari district
without prior permission of the Sessions Court, but for making his
presence and attending the Court in connection with this case the
applicant will be free to enter the limits for a period to the
extent necessary and will leave the limits of Valsad district
immediately after the case is adjourned;
8. The
authorities will release the applicant only if he is not required in
any other offence for the time being.
9. If
breach of any of the above condition is committed the Sessions Judge
concerned will be free to issue warrant or take any appropriate
action in the matter.
10. Bail-bond
before the lower Court having jurisdiction to try the case.
11. At
the trial, the trial Court shall not be influenced by the
observations, which are purely, prima facie, tentative and
preliminary nature and have been made only for the purpose of
examining prayer for bail pending the trial. The Court shall arrive
at its own conclusion independently on the basis of the evidence and
other aspects of the case.
12. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(K.M.THAKER,
J.)
Amit
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