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CR.MA/1790/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1790 of
2010
=========================================================
KAMALCHAND
MANGILAL DUGGAD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MATAFER R PANDE for
Applicant(s) : 1,
MR DC SEJPAL ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 15/03/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant in connection with
I-C.R.No.286 of 2009 registered at Salabatpura Police Station, Surat
for the offences punishable under sections 406, 420, 467, 478, 471,
472, 473, 120(B) and 114 of Indian Penal Code.
The
learned advocate Mr.M.R.Pande for the applicant submitted that
applicant is an innocent person and he has been falsely involved in
the commission of offence. He is not at all connected with the
alleged offence as narrated in the First Information Report. Learned
advocate placed reliance on the order passed by this Court dated
04.03.2010 in Criminal Miscellaneous Application No.537 of 2010 and
submitted that even on the ground of parity, the case of the
applicant deserves consideration and the applicant be enlarged on
bail as prayed in the application.
Learned
APP Mr.Sejpal representing State while opposing the bail application
submitted that considering the role attributed to the applicant,
nature of offence in which applicant is involved and the manner in
which he committed offence, no discretionary relief be granted and
the application deserves to be rejected.
Having
considered the rival submissions and on perusal of the role
attributed to the applicant as well as police papers and the order
passed by this Court in Criminal Miscellaneous Application No.537 of
2010, I am of the view that applicant deserves to be enlarged on
bail even on the ground of parity.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.286 of 2009 registered at Salabatpura Police Station, Surat
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 calender 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.)
Amit/-
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