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CR.MA/7557/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7557 of 2010
=====================================================
THAKORE
JENAJI SURSANGJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance :
MR
PRATIK B BAROT for Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 21/07/2010
ORAL
ORDER
This application is filed
under section 439 of the Code of Criminal Procedure by the applicant
who has been arrested in connection with C.R. No. I 53 of 2010
filed before Langnaj Police Station for the offence punishable under
Sections 379, 114 of the Indian Penal Code, Section 3 and 7 of the
Damage to Public Property Act and Section 3 and 7 of the Essential
Commodities Act.
Mr. Barot, learned
advocate for the applicant submitted that the applicant is an
innocent person and a false case is foisted on him. The allegations
levelled against the applicant are general in nature. On perusal of
the FIR, it reveals that at 11:00 p.m. when the original complainant
reached the spot, oil was getting leaked from the well and therefore,
it clearly transpires that the present applicant was not present at
the spot and on the suspicion, the applicant has been implicated in
the offence. He submitted that considering the role attributed to the
applicant 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 the aforesaid,
learned APP Mr. Jani, submitted that considering the role played by
the applicant and seriousness of the offence, no discretionary relief
can be granted to the applicant and the application deserves to be
dismissed.
Having heard the rival
submissions of learned advocates and having considered the role
attributed to the applicant as reflected in the FIR at Annexure A,
the quantum of punishment, gravity of the offence etc., I am of the
view that there is no any direct evidence against the applicant and,
therefore, now at this bail stage, the applicant is required to be
enlarged on regular bail on stringent conditions, without entering
into the merits of the case and without discussing the evidence in
detail.
The parties do not press
for further reasoned order.
In the facts and
circumstances of the case, the petition is allowed and the applicant
is ordered to be enlarged on bail in connection with C.R. No. I – 53
of 2010 registered with Langanj Police Station 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 at
the concerned police station twice in a month i.e. on 15th
and 30th of every English Calender month between 9:00 a.m.
and 2:00 p.m. 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;
[f]. 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.)
ynvyas
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