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CR.MA/427/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 427 of 2010
=========================================================
SARFARAZ
IBRAHIMBHAI ARAB - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YATIN SONI for
Applicant(s) : 1,
MS ML SHAH, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 04/02/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 by the applicant who came to be arrested in connection with
I.CR No. 298/2009 registered at Sola High Court police station for
the offence punishable under sections 420, 467, 468, 471 and 114 of
IPC.
Learned
advocate Mr. Yatin Soni for the applicant submitted that the
applicant is an innocent person and false case is foisted on him. He
is not the main culprit and considering the fact that similarly
situated accused has already been released by this Court vide order
dated 1.2.2010 passed in Criminal Misc. Application No. 533 of
2010, the applicant also deserves to be enlarged on bail.
Learned
APP Ms. M.L. Shah, representing the opponent State, while opposing
the bail application submitted that considering the role attributed
to the applicant and the manner in which the offence is committed by
the applicant along with other other accused, no discretionary relief
be granted and the application deserves to be dismissed.
I
have heard the learned advocates of the parties at length and in
great detail. Having considered 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, provisions of sections 420, 467, 468, 471 and 114 of
IPC, quantum of punishment etc. and since the co-accused is already
released by this Court vide order dated 1.2.2010 passed in Criminal
Misc. Application No. 533 of 2010, in my view, the applicant also
deserves 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 I.CR No. 298 of
2009 registered at Sola High Court 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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