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CR.MA/8612/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC. APPLICATION No. 8612 of 2010
=========================================================
CHANDRAKANT
BABULAL DETROJA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
Y J PATEL
for
Applicant
Ms MINI NAIR APP for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED 11th August 2010
ORAL
ORDER
This Application is filed by the applicant under Section 439 CrPC for
releasing him on regular bail in connection with the offence
registered vide C.R No. I-14 of 2010, registered with Wankaner
Police Station, Morbi, District-Rajkot for the offences punishable
under Secs. 406, 409 & 201 IPC
Heard
learned advocate Mr. Patel for the applicant and learned APP Ms. Mini
Nair for the respondent-State.
Learned
advocate Mr. Patel contended that there is a delay in filing of the
FIR and the role played by the applicant is not properly explained by
the complainant. He has also contended that looking to the
allegations made, no recovery or discovery is made from the
applicant. Moreover, petitioner has got any benefit out of the said
offence. He has contended that this is a fit case to grant regular
bail to the applicant.
As against this, learned APP Ms. Nair has strongly opposed this
Application. She has contended that this is a serious offence where
bail cannot be granted to the applicant.
I
have gone through the order passed by the Court below as well as the
papers produced on record of the matter. Looking to the allegations
levelled against the applicant, I am inclined to release him on
regular bail.
Learned advocates for the parties do not press for the reasoned
order.
Considering the submissions made on behalf of the parties, and having
regard to the facts and circumstances of the case, this Application
is allowed. Applicant is ordered to be released on bail in connection
with C.R No. I-14 of 2010 registered with Wankaner Police Station,
Morbi District-Rajkot for the offences registered against him in this
applicant, on his executing a bond for Rs. 10,000/= [Rupees Ten
Thousand only] with one solvent surety of the like amount to the
satisfaction of the lower 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] not
leave the local limits of the State of Gujarat without prior
permission of the concerned Sessions Court;
[d] mark
presence before Wankaner Police Station on every 16th day
of the English Calender month between 9.00 a.m to 2.00 p.m.;
[e] furnish
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; and
[f] surrender
his passport; if any, to the lower Court within a week.
The
authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
If breach of any of the above conditions is committed, the concerned
Sessions Judge will be at liberty to issue warrant or 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.}
Prakash*
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