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CR.MA/48/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 48 of
2010
=========================================================
CHIRAG
JAYENDRABHAI JOSHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RJ GOSWAMI for
Applicant(s) : 1
MS KRINA CALLA ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 18/01/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who was arrested in
connection with First Information Report bearing I-C.R.No.679 of
2009 registered at Naroda Police Station, Dist.Ahmedabad for the
offences punishable under sections 380, 457 and 114 of Indian Penal
Code.
Learned
advocate Mr.R.J.Goswami for the applicant submitted that applicant
is an innocent person and false case is foisted on him. Considering
the role attributed to the applicant and reflected in First
Information Report at Annexure-A to the application, the applicant
deserves to be enlarged on bail.
Learned
APP Ms.Krina Calla representing State while opposing the bail
application submitted that considering the role played by the
applicant and the manner in which offence is committed by the
applicant, no interference is called for and the application
deserves to be dismissed out of hand.
I
have considered the rival submissions and on perusal of averments
made in the application, role attributed to the applicant which can
be seen from First Information Report at Annexure-A to the
application, provisions of sections 380, 457 and 114 of Indian Penal
Code, I am of the view that applicant 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 First
Information Report bearing I-C.R.No.679 of 2009 registered at Naroda
Police Station, Dist.Ahmedabad 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
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/-
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