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CR.MA/2043/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2043 of
2010
=========================================================
DIN
MOHMAD @ SALIM BAPU USMANBHAI JIDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ALPESH G DODIA 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.41 of 2008 registered at Varahi Police Station for the
offences punishable under sections 498(A), 306 and 114 of Indian
Penal Code.
The
learned advocate Mr.Alpesh Dodia for the applicant submitted that
applicant is an innocent person and false case is foisted on him.
Considering the role attributed to the applicant which can be seen
from the First Information Report at Annexure-A to the application,
he deserves to be enlarged on bail.
Learned
advocate for the applicant also submitted that trial is pending qua
the present applicant and so far rest of the accused are concerned,
the trial is over. Considering aforesaid aspect, applicant deserves
to be enlarged on bail.
Learned
APP Mr.D.C.Sejpal representing State while opposing the bail
application submitted that applicant is involved in a serious
offence punishable under sections 498(A), 306 and 114 of Indian
Penal Code and trial is not over qua applicant as he was not
available and subsequently he was nabbed. Considering the role
attributed to the applicant and the manner in which he committed
offence, no interference is called for and the application deserves
to be dismissed.
Having
considered the rival submissions and on perusal of the role
attributed to the applicant as reflected in First Information Report
at Annexure-A to the application, provisions of sections 498(A), 306
and 114 of Indian Penal Code, quantum of punishment, police papers
etc., I am of the view that applicant deserves to be enlarged on
bail.
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.41 of 2008 registered at Varahi 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
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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