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CR.MA/1084320/2008 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10843 of 2008
=========================================================
KALPESH
AMRUTBHAI CHUDASMA
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
ASHISH M DAGLI for Applicant.
MS ML SHAH, ADDL. PUBLIC PROSECUTOR
for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/08/2008
ORAL
ORDER
RULE. Ms. M.L.
Shah, learned Additional Public Prosecutor waives service of rule on
behalf of the respondent. At the request of the learned counsel
appearing for the parties, this petition is taken up for hearing
today.
This petition is
filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No. I
60 of 2008 before the Rajkot ‘B’ Division Police Station, for the
offence punishable under sections 498.A, 306 and 114 of the Indian
Penal Code.
Learned advocate
for the petitioner submitted that considering the role attributed to
the petitioners which is reflected in the FIR at Annexure ‘A’ to the
petition, the petitioner has not committed any overt act in the
commission of the alleged offences. In view of the above, learned
advocate submitted that the petitioner be enlarged on regular bail.
On the other
hand, learned APP, Ms. M.L. Shah submitted that considering the role
played by the petitioners and the manner in which the petitioner is
alleged to have committed the offence along with other accused
persons, the petition does not call for any interference and the same
is liable to be dismissed.
Heard learned
advocate Mr. Dagli for the petitioner and Ms. M.L. Shah, learned APP
at length and in great detail. I have also perused the averments
made in the petition as well as the FIR produced on record of the
petition. I have also perused copy of the order passed by the
learned Sessions Judge in Cr.M.A. No. 511 of 2008 and the reasons
assigned therein. It prima facie appears that the petitioner is not
directly involved in the commission of offence. Considering the
above, I am of the view that the the petitioner 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.
The parties do
not press for further reasoned order.
In the facts and
circumstances of the case, the petition is allowed and the petitioner
is ordered to be enlarged on bail in connection with C.R. No. I
60 of 2008 before the Rajkot ‘B’ Division 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 Rajkot ‘B’ Division 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.
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.
mathew [H.B.ANTANI,
J.]
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