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CR.MA/13890/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13890 of 2010
=========================================================
VIJAY
MALDE ODEDARA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
RUTURAJ NANAVATI for
Applicant(s) : 1,
Mr Kartik Pandya, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 02/12/2010
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I- 70 of 2010 with Kamlabaugh Police Station, for the
offences punishable under Sections 344, 347, 365, 380, 397, 465, 467,
468, 471, 307 and 120B of the Indian Penal Code.
Mr. learned
counsel appearing for the applicant, referring to the FIR, submits
that the manner in which the offence is alleged to have been
committed about illegal confinement is unnatural. He submitted that
no civil proceedings have been filed for cancellation of any of the
documents which arer alleged to have been forcibly signed. He further
submitted that the other co-accused has been enlarged as per order
dated 16.11.2010 passed in Criminal Misc. Application No.12344 of
2010 and, therefore, the present application may be allowed.
Learned APP
resisted the application and submitted that the specific role has
been attributed to the applciant that he had taken the victim and
thereafter the victim was illegallyy confined. Therefore,
considering the gravity of the offence this application may not be
entertained.
3. Having heard
learned counsel for the parties and perusing the record of the case
and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences, I am inclined to enlarge the applicant on
bail.
Learned counsel
for the parties do not press for further reasoned order.
4. In the facts
and circumstances of the case, the application is allowed and the
applicant is ordered to be released on bail in connection with first
information report registered being C.R. No.I – 70 of 2010 with
Kamlabaugh Police Station on executing a bond of Rs.5,000/- (Rupees
Five thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he
shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
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 the
residence without prior permission of this Court;
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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. D.S. Permitted.
(ANANT
S. DAVE, J.)
msp
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