Gujarat High Court Case Information System
Print
CR.MA/13019/2009 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13019 of
2009
=========================================================
LALJIBHAI
BACHUBHAI JADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KAMAL M SOJITRA for
Applicant(s) : 1,
MS KRINA CALLA ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 15/01/2010
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 I-C.R.No.4 of 2009 registered at Savarkundla Rural
Police Station for the offences punishable under sections 489(a),
489(b) and 34 of Indian Penal Code.
The
learned advocate Mr.K.M.Sojitra for the applicant submitted that the
applicant has not committed any offence as alleged much less offence
punishable under sections 489(a), 489(b) and 34 of Indian Penal
Code. He further submitted that the applicant has been falsely
implicated in the alleged commission of offence and, therefore, he
deserves to be enlarged on bail. He has placed reliance on the order
passed by this Court (Coram:Akil Kureshi, J.) in Criminal
Miscellaneous Application No.11505 of 2009 dated 09.11.2009 and
submitted that even on the ground of parity applicant deserves to be
granted bail as prayed for in the application.
Learned
APP Ms.Krina Calla representing State while opposing the bail
application submitted that the applicant is involved in a very
serious offence and no lenient view be taken in the matter. She
further submitted that applicant cannot even invoke ground of parity
when he is involved in such a grave offence punishable under
sections 489(a), 489(b) and 34 of Indian Penal Code. Considering the
role played by the applicant along with other accused, application
deserves to be rejected out of hand.
I
have considered rival submissions and on perusal of the averments
made in the application, role attributed to the applicant reflected
in the First Information Report at Annexure-A to the application as
well as order passed by this Court (Coram:Akil Kureshi, J.) in
Criminal Miscellaneous Application No.11505 of 2009 dated 09.11.2009
as well as provisions of sections 489(a), 489(b) and 34 of Indian
Penal Code, quantum of punishment etc., I am of the view that
applicant also deserves to be enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.4 of 2009 registered at Savarkundla Rural 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 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 on any day of
every first week of English calender month between 9.00 AM and 2.00
PM 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;
[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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
Top