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CR.MA/2770/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2770 of 2010
=========================================================
KIRANBHAI
KALABHAI VADODARIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM LAKHANI for
Applicant(s) : 1,MRS RP LAKHANI for Applicant(s) : 1,MR RAMESH B
MAKWANA for Applicant(s) : 1,MR SANDEEP R LIMBANI for Applicant(s) :
1,
MR DEVANG VYAS APP for
Respondent(s):1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/04/2010
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 C.R.No.I-224 of 2009 registered with Limbayat police
station, Surat for the offence punishable under Sections 489(A)(B),
(C), 120B and 34 of the Indian Penal Code.
2. Learned advocate
Mr.P.M. Lakhani 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 and since the co-accused are already
enlarged on bail by this Court vide order dated 11.03.2010 passed in
Criminal Misc. Application No.1897 of 2010, the applicant deserves
to be enlarged on bail.
3. Learned A.P.P.
Mr.Devang Vyas, representing the respondent-State, while opposing the
bail application, submitted that considering the role attributed to
the applicant and manner in which the offence is committed by him
along with the other accused, no discretionary relief be granted to
the applicant and the application be dismissed.
4. I have heard learned
advocate Mr.P.M. Lakhani for the applicant and learned A.P.P.
Mr.Devang Vyas 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 489(A)(B), (C), 120B and 34 of the Indian Penal Code,
police papers, quantum of punishment and since the co-accused are
already enlarged on bail by this Court vide order dated 11.03.2010
passed in Criminal Misc. Application No.1897 of 2010, 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-224 of 2009 registered with Limbayat police station, Surat
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] 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;
[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.
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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