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CR.MA/10395/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10395 of 2010
=========================================================
JAIRAJSING
GILUBHAI RAJ - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
KB ANANDJIWALA for
Applicant(s) : 1,
MR MR MENGDEY, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 15/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The
applicant accused is charged with having committed offences
punishable under Section 25(1)(B)(A) and 27(1) of the Arms Act and
under Section 135 of the B.P.Act for which F.I.R. being CR
No.II-3326/2009 has been registered with Anand Town Police Station.
3. Learned
Advocate Mr. Anandjiwala referred to the FIR and submitted that the
investigation is over and the charge-sheet is filed and the other
co-accused from whom the fire arm has been recovered has been
released as per the order passed in Criminal Misc. Application No.
1437 of 2010 dated 16.04.2010. He, therefore, submitted that
considering the role attributed to the present applicant, present
application may be allowed. He has further submitted that the
applicant is said to have been involved in other cases in which also
the Court has released him and therefore the present application may
be allowed.
4. Learned
A.P.P. Mr. Mengdey strongly objected the present application and
submitted that the applicant has been released in other serious
offences. However, the other co-accused from whom the weapon
recovered is in fact supplied by the present applicant and therefore
the present application may not be allowed.
5. In
view of the rival submissions,it is required to be considered whether
the present application can be entertained or not.
5.1. It
is well accepted that at this stage the Court is not required to
appreciate and scrutinize the evidence in detail. Therefore,
considering the nature of offence the role attributed to the
applicant is that he had accompanied for supply of the weapon to the
co-accused who has been released as stated above as per the order
passed in Criminal Misc. Application No. 1437 of 2010 dated
16.04.2010 and also considering the fact that charge-sheet has now
been filed, the present application deserves to be allowed in light
of the guidelines for grant of bail subject to the conditions
hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being CR
No.II-3326/2009 registered with Anand Town Police Station, on his
executing a bond of Rs.5,000/- (Rupees Five Thousand) with one
solvent surety of the like amount to the satisfaction of the lower
Court and subject to the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
7. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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