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CR.MA/7762/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7762 of 2011
=========================================================
BHAVESH
MOHANBHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PP MAJMUDAR for
Applicant(s) : 1,
MR LB DABHI ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 20/06/2011
ORAL
ORDER
1. Heard
Mr.P.P.Majmudar, learned advocate for the applicant and Mr.Dabhi,
learned APP for the respondent-State.
2. This
application seeking regular bail under Section 439 of the Code of
Criminal Procedure, 1973 has been preferred by applicant in
connection with the offence registered with Vidhyanagar
Police Station bearing
CR No.I-227 of
2010 for
the offence punishable under sections 364(A), 365, 394, 506(2) and
120-B of the Indian Penal Code.
3. Mr.Majmudar,
leaned advocate for the applicant has submitted that the present
applicant has been falsely involved in the alleged offence as the
applicant is not named in the FIR. However, he is named in the charge
sheet. He has submitted that other co-accused viz. Dashrathbhai @
Dacho Ramjibhai Vasfodiya, Nilesh @ Pinto Rameshbhai Patel and Ashish
@ Lepto Pravinbhai Chavda have been released on bail by order dated
08.03.2011, 04.04.2011 and 25.04.2011 respectively. He has also
submitted that in view of so-called role allegedly played by the
applicant and particularly in view of fact that other co-accused have
been released on bail, present application may be allowed and the
applicant may be granted bail.
4. The
application is opposed by Mr.Dabhi, learned APP, who has submitted
that the applicant committed the alleged offence which is serious in
nature and that therefore the application deserves to be rejected.
5. Having
heard the learned counsel for both the sides and considering the
facts and circumstances of the case as well as the material produced
on record of this case, the gravity of the offence, the quantum of
punishment, the allegations against the applicant, the manner in
which the applicant is allegedly involved in the case as per the
allegation of the prosecution, coupled with the fact that charge
sheet is filed and other co-accused have been released on bail, I am
of the view that the applicant deserve to be released on regular
bail, I am inclined to allow this application and release the
applicant.
6.
Hence,
this application is allowed. It is directed that the present
applicant in connection with offence bearing
CR
No.I-227 of 2010 registered
with Vidhyanagar
Police Station,
be released on bail, in respect of the offences alleged against him
in this application, on his executing and furnishing a bond of
Rs.15,000/- (Rupees: Fifteen Thousand Only) with two solvent sureties
of like amount, by the concerned Police Officer, and on condition
that he shall:-
(a)
not take undue advantage of or abuse the liberty.
(b)
not act in manner injurious to the interest of the prosecution.
(c)
maintain law and order.
(d)
not leave the State of Gujarat without prior permission of the
Sessions Court concerned.
(e)
furnish the address of his residence at the time of execution of bond
and shall not change the residence without prior permission of the
Sessions Court/this Court.
(f)
surrender his passport, if any, to the lower court within 4 days from
the date of this order.
(g)
mark his presence at Vidhyanagar Police
Station,
initially
on 23rd
June, 2011 and
thereafter on every first and fifteenth day of every month,
between
11.00 a.m. to
3.00 p.m. till the trial is over;
(h)
not enter the revenue limit of Anand district till the trial is over
and for 6 months shall not enter revenue limits of Anand District
without prior permission of the Sessions Court, but for marking his
presence and attending the Court in connection with this case the
applicant will be free to enter the limits for a period to the extent
necessary and will leave the limits of Anand District immediately
after the case is adjourned.
7. The
authorities will release the applicant only if he is not required in
any other offence for the time being.
8. If
breach of any of the above conditions is committed the Sessions Judge
concerned will be free to issue warrant or take any appropriate
action in the matter.
9. Bail-bond
before the lower Court having jurisdiction to try the case.
10. At
the trial, the trial Court shall not be influenced by the
observations, which are purely prima facie, tentative and preliminary
nature and have been made only for the purpose of examining prayer
for bail pending the trial. The Court shall arrive at its own
conclusion independently on the basis of the evidence and other
aspects of the case.
11. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(K.M.
THAKER, J.)
Amit
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