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CR.MA/5680/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5680 of 2011
=================================================
MEHBOOBBEG
@ MEHBOOB SENIOR S/O CHHOTUBEG MOGAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
JM PANCHAL for MR UMESH A TRIVEDI for Applicant(s) : 1,
MR KP
RAVAL APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/06/2011
ORAL
ORDER
Mr. J.M.Panchal, learned counsel
appearing for the applicant submits that initially name of the
applicant was not mentioned in the complaint. He further submitted
that the applicant is not connected with the purchase of the old
premises or construction thereof and therefore ingredients of
alleged offence under section 304 of IPC are not made out against
him. He further submitted that the applicant is not partner with the
persons named in the complaint as he is doing the transport
business. Learned counsel further submitted that considering the
nature of allegations and role attributed to the applicant, by
imposing suitable conditions, the applicant may be enlarged on bail.
Mr. Raval, learned APP for the
respondent – State opposed the application on the ground that
due to negligence and carelessness of the promoter and the builder
the house was collapsed and in the unfortunate incident, 5 persons
are died and many other persons are injured.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts that except statements
recorded by the I.O. to the effect that the applicant herein is
partner with the persons named in the complaint, prima facie there
is nothing on record to show that the applicant is partner and
involvement of the applicant in the alleged crime is subject to the
scrutiny of evidence at the stage of trail, without discussing the
evidence in detail, at this stage, I am inclined to enlarge the
applicant on bail in connection with C.R.No.I-9/2011 of Kalupur
Police Station for the offences punishable under sections 304, 338,
337, 427 and 34 of the IPC as well as section 267(1)(2) of the
Bombay Provincial Municipal Corporation Act of the Indian Penal
Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only)
with one surety of the like amount to the satisfaction of the lower
Court and on conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m till commencement of the trial.
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately;
[h] shall not
enter into Ahmedabad city for a period of 3 months;
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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