Gujarat High Court Case Information System
Print
CR.MA/2546/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2546 of 2010
=========================================================
CHAGANBHAI
DEVJIBHAI CHAUHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRAVIN GONDALIYA for
Applicant(s) : 1,
MR DC SEJPAL, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 31/03/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973, by the applicant who came to be arrested in connection with CR
No. I-93 of 2009 registered at Kotda-Sangani police station for the
offence punishable under Secions 365, 506[2] and 114 of Indian Penal
Code.
Learned
advocate Mr. P.S. Gondaliya for the applicant submitted that the
applicant is an innocent person and he has been falsely implicated in
the commission of offence as narrated in the FIR. Considering the
role attributed to the applicant as reflected in the FIR, the
applicant may be enlarged on bail.
Learned
APP Mr. D.C. Sejpal, representing the opponent State, while opposing
the bail application, submitted that the applicant is involved in the
offence punishable under Sections 365, 506[2] and 114 of IPC.
Considering the role attributed to the applicant which is reflected
in the FIR at Annexure:A to the application and the manner in which
the offence is committed by the applicant along with other accused,
no discretionary relief be granted to the applicant and the
application deserves to be rejected.
I
have considered the rival submissions. On perusal of the averments
made in the application, role attributed to the applicant which is
reflected in the FIR at Annexure:A to the application, provisions of
Sections 365, 506[2] and 114 of IPC, statements of witnesses, quantum
of punishment, 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 CR No. I-93 of 2009 registered at Kotda-Sangani 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.)
pirzada/-
Top