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CR.MA/2588/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2588 of
2010
=================================================
MAHESH
HEMUBHAI GOGDIYA TA KOLI & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance
:
MR SIKANDER SAIYED for
Applicant(s) : 1 - 4.
MR DC SEJPAL ADDL.PUBLIC PROSECUTOR for
Respondent
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/03/2010
ORAL
ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicants who came to be arrested
in connection with I-C.R.No.70 of 2009 registered at Bavlu Police
Station for the offences punishable under sections 394, 397, 364 and
114 of Indian Penal Code.
The
learned advocate Mr.Saiyed for the applicants submitted that the
applicants are innocent persons and they are falsely implicated in
the commission of offence punishable under sections 394, 397, 364
and 114 of Indian Penal Code. Considering the role attributed to the
applicants which can be seen from the First Information Report at
Annexure-A, they deserve to be enlarged on bail.
Learned
APP Mr.D.C.Sejpal representing State while opposing the bail
application submitted that applicants are involved in the serious
offences punishable under sections 394, 397, 364 and 114 of
Indian Penal Code. Considering the role attributed to the applicants
involved in the offence and the manner in which they committed
offence, no discretionary relief be granted to the applicants and
application requires to be rejected out of hand.
Heard
learned advocate Mr.Saiyed for the applicants and Mr.Sejpal, learned
APP for the respondent State at length and in great detail.
I
have considered the role attributed to the applicants as reflected
in First Information Report and police papers. Considering the same,
as well as provisions of sections 394, 397, 364 and 114 of Indian
Penal Code, quantum of punishment, etc., I am of the view that
applicants deserve to be enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicants
are ordered to be enlarged on regular bail in connection with
I-C.R.No.70 of 2009 registered at Bavlu Police Station on executing
bond of Rs.10,000/- (Rupees Ten Thousand Only) each with each one
surety of the like amount to the satisfaction of the Trial Court and
subject to the conditions that they shall,
[a] not take undue
advantage of their liberty or abuse their liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] surrender their
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 their presence
twice at the concerned Police Station on every 1st and
15th day of English calender month between 9.00 AM and
2.00 PM till the trial is over;
[f] furnish the present
address of their 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.)
Amit/-
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