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CR.MA/7638/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7638 of 2010
=====================================================
PRITHVIRAJSINH
JAYENDRASINH CHUDASAMA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
HD CHUDASAMA for Applicant(s) : 1,
MR AJ DESAI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 26/07/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who came to be arrested
in connection with CR No. I – 3O of 2010 registered with Dholera
Police Station, District : Ahmedabad Rural for the offences
punishable under Sections 323, 504, 506(2) and 454 of the Indian
Penal Code.
Mr.Chudasama,
learned advocate for the applicant submitted that the applicant is an
innocent person and he has been falsely implicated in the commission
of offence as reflected in the FIR. The applicant has not
participated in the commission of the offence nor played any overt
act in the commission of the offence. The offence punishable under
Section 452 of the Indian Penal Code is not attracted and also there
is no external mark of injury on the body of the complainant.
Therefore, considering the prayer as set out in the application, the
applicant be enlarged on bail.
Learned
APP Mr.Jani appearing on behalf of the State, while opposing the bail
application, submitted that the applicant is involved in the serious
offence punishable under Sections 323, 504, 506(2) and 454 of the
Indian Penal Code. Considering the role attributed to the applicant
and the nature of the offence, no discretionary relief be granted to
the applicant and the application be dismissed.
I
have heard the learned counsel for the applicant and learned APP for
the respondent State at length and in great detail. I have
considered the role attributed to the applicant which is reflected in
the FIR at Annexure A as well as police papers. The applicant has
not participated in the commission of the offence or played any overt
act. At this bail state, without going into merits of the case, and
considering the peculiar facts and circumstances of the case, the
applicant deserves to be enlarged on bail. However, stringent terms
and conditions are required to be imposed on the applicant while
releasing him 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 C.R. No. I – 30 of 2010 registered with Dholera Police Station,
District : Ahmedabad Rural 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] 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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