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CR.MA/9881/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9881 of 2010
=========================================
DEEPAKKUMAR
MOHANLAL RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR MM
TIRMIZI for
Applicant(s) : 1,
MR AJ DESAI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 26/08/2010
ORAL
ORDER
Rule.
Mr.A.J. Desai, learned Additional Public Prosecutor, waives service
of Rule on behalf of the respondent-State.
This
application is filed by the applicant under Section 439 of the Code
of Criminal Procedure in connection with the offence registered at
C.R. No.I-70 of 2010 registered with Kamlabaug Police Station,
Porbandar for the offence punishable under sections 344, 347, 365,
380, 397, 386, 465, 467, 468, 471, 307 and 120(B) of the Indian
Penal Code.
Heard
Mr.M.M. Tirmizi, learned counsel for the applicant and Mr.A.J.
Desai, learned Additional Public Prosecutor, for the
respondent-State.
Mr.Tirmizi,
learned counsel for the applicant, has submitted that the applicant
is innocent person and is falsely involved in the present case. He
submitted that considering the role attributed to the applicants and
reflected in the FIR at Annexure ‘A’ to the application, this is a
fit case to enlarge the applicant on regular bail.
As
against this, Mr.Desai, learned Additional Public Prosecutor, has
contended that considering the role played by the applicant, no
discretionary relief can be granted to the applicant, and the
application deserves to be dismissed.
Having
heard the submissions advanced by the learned counsel for the
parties and having considered the role attributed to the applicant
and reflected in the FIR at Annexure A, the quantum of punishment
etc. and gravity of offence, I am of the view that the applicant is
required to be enlarged on regular bail at this stage on stringent
conditions, without entering into the merits of the case and
without discussing the evidence in detail.
Learned
counsel for the parties do not press for reasoned order.
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 offence registered at C.R.No.I-70 of 2010 registered with
Kamlabaug Police Station, Porbandar, on his 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 twice in a month at the concerned Police Station on
15th and 30th day of each English calendar
month between 9.00 AM and 2.00 PM. till the trial is over;
[f] furnish
the present addresses of their 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 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.
(Z.
K. Saiyed, J)
Anup
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