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CR.MA/1734/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1734 of 2010
=========================================================
RAFIK
ISMAILBHAI CHHIPA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HN BRAHMBHATT for
Applicant(s) : 1,
MS TRUSHA K PATEL APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 03/03/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicant, who has been arrested in
connection with F.I.R. registered as C.R.No.I 5 of 2010 with
Dariyapur Police Station for the offence punishable under Sections
379 and 114 of the Indian Penal Code.
2. Learned advocate
Mr.H.N. Brahmbhatt for the applicant, submitted that the applicant is
an innocent person and false case is foisted on him. Considering the
role attributed to the applicant which is reflected in the F.I.R. at
Annexure A to the application, he deserves to be enlarged on bail.
3. Learned A.P.P.
Ms.Trusha K. Patel, representing the respondent-State, while opposing
the bail application, submitted that the applicant is involved in the
commission of offence punishable under Sections 379 and 114 of the
Indian Penal Code. Considering the role attributed to the applicant,
manner in which he has committed the offence, criminal antecedents
and as the applicant is involved in five other offences of similar
nature, no discretionary relief be granted to him and the application
be dismissed.
4. I have heard learned
advocate Mr.H.N. Brahmbhatt for the applicant and learned A.P.P.
Ms.Trusha K. Patel for the respondent-State at length and in great
detail. Considering the role attributed to the applicant which is
reflected in the F.I.R. at Annexure A to the application, provisions
of Sections 379 and 114 of the Indian Penal Code, criminal antecedent
of the applicant, police papers and quantum of punishment etc., I am
of the view that the applicant deserves to be enlarged on bail.
5. 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 5 of 2010 registered at Dariyapur 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] not enter into the
local limits of Ahmedabad city till the trial is over;
[f] 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;
[g] 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;
[h] maintain law and
order.
6. 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.
7. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
8. 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.
9. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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