Gujarat High Court Case Information System
Print
CR.MA/3490/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3490 of 2010
=========================================================
MOHAMMADHANIF
RASULBHAI KALAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Applicant(s) : 1,
MR DIVYESH SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 13/04/2010
ORAL
ORDER
1. This is an
application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
Prohibition CR No. 398 of 2009 registered at Kadi Police Station for
the offence punishable under Sections 66(B), 65(A)(E) and 116(B) of
the IPC.
2. I have heard Mr NK
Majmudar, learned advocate for the applicant and Mr Devang Vyas,
learned APP for the State at length and in great detail. Considering
the role attributed to the applicant as reflected in the FIR, police
papers, statement of witnesses, provisions of Sections 66(B),
65(A)(E) and 116(B) of the IPC, quantum of punishment, gravity of the
offence, etc., I am of the view that the applicant deserves to be
enlarged on bail without discussing the evidence in detail.
3. 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
Prohibition CR No. 398 of 2009 registered at Kadi 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
the concerned 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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
[H.B.ANTANI,
J.]
mrpandya
Top