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CR.MA/1190120/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11901 of 2008
=========================================================
RANVIR
DHUPSINH HUDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1,
MR PD BHATE, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 14/10/2008
ORAL
ORDER
Rule.
Learned APP, Mr.P.D.Bhate, waives service of rule.
This
application preferred under Section 439 of Criminal Procedure Code
in connection with the First Information Report bearing
No.C.R.No.I-119/2008 registered at the Gadhigram Police Station,
Rajkot City for the offences punishable under Sections 3,4,5, and 14
of Immoral Traffic Prevention Act.
The
learned advocate for the petitioner submitted that the petitioner
has not committed the offence alleged against him and he has been
falsely implicated in the commission of offence. It is submitted
that there is no evidence against the petitioner so far as the
offence punishable under Section 3, 4, 5 and 14 of the Immoral
Traffic Prevention Act is concerned and therefore, the petitioner is
required to be enlarged on regular bail. Learned advocate for the
petitioner further submitted that the investigation is over and the
charge sheet is already filed and looking to the papers of the
investigation and the charge sheet, even provisions of Section 3, 4,
5 and 14 of the Immoral Traffic Prevention Act cannot be made
applicable. He, therefore, submitted that the prayer as set out in
the application may be granted.
The
learned APP representing the State submitted that considering the
role attributed to the petitioner, the petitioner cannot be enlarged
on regular bail. On perusal of the FIR at Annexure-A to the
petition, the role played by the petitioner has been elaborately
mentioned therein. Thus considering the manner in which the offence
is committed and the seriousness of the offence in which the
petitioner is involved, the application does not call for any
interference and it is liable to be rejected.
I
have heard the learned advocate Mr.Ashish Dagli for the petitioner
and learned APP, Mr.P.D.Bhate for the State at length and in great
detail. I have considered the role attributed to the petitioner in
the FIR and the charge sheet and the alleged involvement of the
petitioner in the commission of offence under Section 3, 4, 5 and 14
of the Immoral Traffic Prevention Act, the seriousness of the
offence in which the petitioner is involved as well as quantum of
punishment under the of Immoral Traffic Prevention Act. However,
considering the role attributed to the petitioner in the commission
of offence, I am inclined to exercise my discretion in favour of the
petitioner without entering into the merits of the case.
In the facts and
circumstances of the case, the application is allowed and the
petitioner is ordered to be enlarged on bail in connection with CR
No.I-119/2008 registered at Gandhigram Police Station, Rajkot 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 every first
week of 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 petitioner on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
(H.B.ANTANI,
J.)
ashish//
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