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CR.MA/11500/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11500 of 2010
=========================================================
VINUBHAI
DAHYABHAI PATEL
Versus
STATE
OF GUJARAT
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Appearance :
MR
SHUSHIL R SHUKLA for Applicant.
MR KP RAVAL, ADDL. PUBLIC
PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/10/2010
ORAL
ORDER
1. This
application is preferred under Section 439 of the Code of Criminal
Procedure, 1973 seeking regular bail by the applicant, who came to be
arrested in connection with FIR registered as M. Case No. 1 of 2010
of Bhadarva Police Station for the offence punishable under Sections
465, 466, 467, 468, 471, 472, 474 and 114 of the Indian Penal Code.
2. Learned
advocate Mr. Shukla submitted that the applicant is an innocent
person and he has been falsely implicated in the commission of the
alleged offence. He further submitted that considering the role
attributed to the applicant in the FIR, this is a fit case to
release the applicant on regular bail. Learned advocate further
submitted that co-accused have also been released on regular bail by
a co-ordinate Bench of this Court, and even on the ground of parity,
the applicant may be released on bail.
3. Learned
Addl. Public Prosecutor Mr. Raval, while opposing bail application
submitted that considering the role attributed to the applicant and
the manner in which the offence is committed, discretionary relief
may not be exercised in favour of the applicant, and the application
deserves to be dismissed.
4. Heard
learned advocate Mr. Shukla for the applicant and Mr. Raval, learned
APP. I have considered the averments made in the application as well
as the FIR produced on record. I have also perused the provisions of
section 465, 466, 467, 468, 471, 472, 474 and 114 of the Indian Penal
Code and quantum of punishment. Co-accused are also enlarged on bail
by a co-ordinate Bench of this Court and copy of orders passed in
Criminal Misc. Applications No. 9459 of 2010, 8246 of 2010 and 9456
of 2010 are also perused by me and I am of the view that even on the
ground of parity, the applicant is required to be enlarged on regular
bail. Considering the above and the role alleged against the
applicant, I am of the view that the the applicant is required to
be enlarged on regular bail at this stage, without entering into the
merits of the case and without discussing the evidence in detail.
5. The
parties do not press for further reasoned order.
6. 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 M. Case No. 1 of 2010 of Bhadarva 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]. mark
his presence at Bhadarva Police Station on any day of every first
week of 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.
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
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute to the aforesaid extent.
11. Direct
Service is permitted.
mathew [H.B.ANTANI,
J.]
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