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CR.MA/6156/2010 2/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6156 of 2010
======================================
HIRABHAI
DOSABHAI KODIYATAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
CHETAN B RAVAL for Applicant(s) : 1,
MR MG NANAVATY, ADDL.PUBLIC
PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 17/06/2010
ORAL
ORDER
1. Rule.
Shri M.G. Nanavaty, learned Additional Public Prosecutor , waives
service of Rule on behalf of respondent State. By consent, Rule is
fixed forthwith.
2. The
applicant accused, who has been named as accused in
CR-III-No.5006 of 2010 registered with Mendarda Police Station for
the offences punishable under Sections 66(1)B,65(A)(E),116(2)B and 81
of the Bombay Prohibition Act has moved this Court under Section 439
of the Code of Criminal Procedure for seeking bail pending
investigation and trial.
3. The
accused moved the application being Criminal Misc. Application No.351
of 2010 before the concerned Sessions Court, which came to be
rejected on 4.6.2010. Thereafter, as the chargesheet was filed, the
applicant filed Criminal Misc. Application No.209 of 2010 which was
also rejected on 23.4.2010 by the concerned Sessions Court.
4. This
Court has taken into consideration the documents produced on record
and the reasoning assigned by the Sessions Courts while rejecting the
bail application of the applicant. The applicant deserves to be
enlarged on bail for the following reasons:
(i) Looking
to the aspect of punishment that could be imposed even if the
conviction is recorded, the Court is inclined to exercise its
discretion in favour of the accused applicant hereinabove for
enlarging him on bail on appropriate terms and conditions.
(ii) Looking
to the averments and nature of evidence and role of the applicant, he
deserves to be enlarged on bail pending trial.
(iii) The
chargesheet is filed and investigation is over and therefore, there
is remote possibility of applicant influencing the witnesses or
tampering with the evidences.
(iv) The
applicant has his wherewithal at his ordinary place of residence and
therefore, his presence could be procured by imposing appropriate
conditions during trial.
(v) The
prosecution has not voiced any grievance or expressed any
apprehension that he is likely to flee from justice, if he is
released on bail.
(vi) The
prosecution has also not expressed any grievance or apprehension that
he is capable of tempering with evidences or influencing the
witnesses, if he is released on bail.
(vii) The
Sessions Court has not appreciated these aspects and therefore, the
said order deserves to be quashed and set aside and accordingly, it
is quashed and set aside.
5. The
aforesaid observations are made only for the purpose of examining the
prayer for bail pending trial. These observations are prima-facie and
shall have no bearing whatsoever upon the trial and the trial Court
shall not be influenced by it in any way and come to its own
conclusion after analyzing the evidence that may be led during the
trial.
6. Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with CR-III-No.5006 of 2010 registered with Mendarda Police Station
on his executing a bond of Rs.5,000=00/- (Rupees Five Thousand only)
with one surety of the like amount to the satisfaction of the lower
Court and subject to the conditions that he shall:
(a)
not take undue advantage of his liberty or misuse his liberty:
(b) not
act in a manner injurious to the interest of the prosecution:
(c) maintain
law and order;
(d) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) furnish
the address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(f)
mark his presence before concerned Police Station on every 15th
day of each English Calendar month initially for a period of 6
months between 9.00 a.m. to 2.00 p.m.
(g) surrender
his passport, if any, to the lower Court within a week.
7. 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.
8. Bail
before the lower Court having jurisdiction to try the case.
9. Rule
is made absolute. Direct Service is permitted.
(S.
R. Brahmbhatt, J. )
sudhir
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