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CR.MA/4706/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4706 of 2010
=========================================================
GURUMUKHSINGH
NEPALSINGH SHIKHLIGARH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1,
MR DIVYESH SEJPAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 14/05/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 for regular bail by the applicant who came to be arrested in
connection with CR No. I-463 of 2009 registered with Makarpura
police station, for the offence punishable under Section 379 of
Indian Penal Code.
I
have heard the learned advocates of both the sides at length and in
great detail. Considering the rival submissions and on perusal of the
averments made in the application, role attributed to the applicant
which is reflected in the FIR at Annexure:A to the application, this
is a case of car theft and the car in question has already been
recovered. In view of the above and considering the provisions of
Section 379 of IPC and quantum of punishment, I am of the view that
the applicant deserves to be enlarged on bail without discussing the
evidence in detail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with CR No. I-463 of 2009 registered at Makarpura 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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