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CR.MA/1335/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1335 of 2010
=========================================================
JITENDRA
@ JITU BABULAL PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRJAGDHISH
SATAPARA for
Applicant(s) : 1,
MS. KRINA CALLA, ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/02/2010
ORAL
ORDER
This
application is preferred under Section 439 of Criminal Procedure
Code, 1973, seeking regular bail by the applicant who came to be
arrested in connection with I-C.R.No-43/2009 registered with Kanbha
Police Station, for the offence punishable under Sections 392 and
114 of Indian Penal Code.
Mr.
Jagdish Satapara, learned advocate for the applicant submitted that
the applicant is an innocent person, he has not committed any
offence as alleged against him and he has been falsely implicated in
the alleged commission of offence. Considering the role attributed
to the applicant which is reflected in the F.I.R. at Annexure-A to
the application, he deserves to be enlarged on bail.
Learned
Additional Public Prosecutor, Ms. Krina Calla, representing the
respondent-State, while opposing the bail application, submitted
that considering the role attributed to the applicant, manner in
which he has committed the alleged offence as well as criminal
antecedents of the applicant, no discretionary relief be granted to
the applicant and the application be dismissed.
Heard,
Mr. Jagdish Satapara, learned advocate for the applicant and Ms.
Krina Calla, learned Additional Public Prosecutor, representing the
respondent-State, at length and in great detail. Considering the
role attributed to the applicant, which is reflected in the FIR at
Annexure-A, provisions of Sections
392 and 114 of Indian Penal Code,
quantum of punishment, criminal antecedents of the applicant
and police papers etc., I am of the view that the applicant deserves
to be enlarged on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with I-C.R.No-43/2009 registered with Kanbha 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.)
Girish
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