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CR.MA/14308/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14308 of 2009
=========================================================
KANUBHAI
MANGABHAI BAMANIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
KRISHNA U MISHRA for
Applicant(s) : 1,
MS. ML SHAH, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 18/01/2010
ORAL
ORDER
This is
an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant who came to be arrested in
connection with CR No. I-344/09 registered with Sector-7 police
station for the offence punishable under Sections 454, 457, 380 and
114 of IPC.
Learned
advocate Ms. K.U. Mishra for the applicant submitted that the
applicant is innocent person and he is not involved in the alleged
commission of offence and, therefore, prayer as set out in the
application to release him on bail be granted. Learned advocate
placed reliance on FIR at Annexure:A to the application and
submitted that considering the role attributed to the applicant, it
is a fit case to enlarge him on bail.
Learned
APP Ms. M.L. Shah, representing the opponent State, while opposing
the bail application, submitted that considering the role attributed
to the applicant and the manner in which the offence is committed by
the applicant, no lenient view be taken in the matter and the
application does not call for any interference and deserves to be
dismissed.
I
have heard the learned advocates of both the sides at length and in
great detail. Having considered the rival submissions and on perusal
of the averments made in the application, role attributed to the
applicant which is reflected in the FIR, provisions of Sections 454,
457,380 and 114 of IPC, quantum of punishment etc and order passed
by the learned Additional Sessions Judge in Criminal Misc.
Application No.924 of 2009 and the reasons assigned therein, I am of
the view that the applicant deserves to be enlarged on bail.
However, considering the antecedents of the applicant, stringent
terms and conditions are required to be imposed while releasing him
on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with CR No. I-344/09
registered with Sector-7 Police Station on executing a bond of
Rs.20,000/- [Rupees twenty 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 their 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 Garbada police station, Dahod District on 1st
and 15th of every English calendar month between 9.00 AM
and 2.00 PM. till the trial is over;
[f] not
enter the limits of Gandhinagar district except for attending the
trial proceedings.
[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/-
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