Gujarat High Court Case Information System
Print
CR.MA/5347/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5347 of 2010
=========================================================
HASMUKH
MUKUNDRAI JANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
DHARMESH
D NANAVATY for
Applicant(s) : 1,
MR DIVYESH SEJPAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/06/2010
ORAL
ORDER
Rule.
Mr. Divyesh Sejpal, learned APP waives service of Rule on behalf of
the opponent-State.
Having
regard to the facts and circumstances of the case, the matter is
taken up for hearing today.
This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-6 of 2010 registered at Panch A Division Police Station,
Jamnagar for the offence punishable under Sections 394, 395, 397,
135[1] and 114 of the Indian Penal Code.
Heard
the learned advocates for the parties at length and in great detail.
I have also considered the averments made in the application as well
as the role attributed to the applicant as reflected in the FIR at
Annexure:A to the application. Provisions of Sections 394, 395, 397,
135[1] and 114 of IPC as well as quantum of punishment are also
considered by me. Similarly situated accused is also enlarged on by
this Court vide order dated 4.5.2010 passed in Criminal Misc.
Application No. 3721 of 2010. Having considered the aforesaid aspect,
I am of the view that the applicant also deserve to be enlarged on
bail.
For the foregoing
reasons, the application is allowed and the applicant is ordered to
be enlarged on bail in connection with CR No. 6/2010 registered with
Panch A Division Police Station, Jamnagar, 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 applicant on bail.
Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
[H.B.ANTANI,
J.]
pirzada/-
Top