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CR.MA/1045020/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10450 of 2008
=========================================================
BULESH
@ GULESH LAKHIYABHAI JADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RC JANI for
Applicant(s) : 1,
MR.HL JANI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 01/09/2008
ORAL
ORDER
1. RULE.
Mr.H.L. Jani, learned A.P.P. waives service of Rule on behalf of the
State. In the facts and circumstances of the case and by consent of
learned advocates of both the sides, this application is taken up for
hearing today.
2. This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as
CR.No.I-46 of 2008 with Kaprada Police Station on 25.05.2008 for the
offence punishable under Section 306 of the Indian Penal Code.
3. Mr.R.C.
Jani, learned advocate for the petitioner submitted that considering
the F.I.R. produced at Annexure A to the petition and the role
attributed to the petitioner, the petitioner was nowhere involved in
the commission of alleged offence punishable under Section 306 of the
Indian Penal Code and, therefore, it is a fit case to enlarge the
petitioner on bail.
4. Mr.H.L.
Jani, learned A.P.P. representing the State opposed the bail
application and submitted that considering the role played by the
petitioner and the manner in which the petitioner was involved in the
commission of offence punishable under Section 306 of the Indian
Penal Code, the petition does not call for any interference and the
discretionary relief, as prayed for, cannot be granted to the
petitioner.
5. I
have heard Mr.R.C. Jani, learned advocate for the petitioner and
Mr.H.L. Jani, learned A.P.P. for the State at length and in great
detail. I have perused the averments made in the petition as well as
the FIR produced at Annexure A to the petition. I have also perused
the order passed by the learned Sessions Judge, Valsad in Criminal
Misc. Application No.207 of 2008 below Exh.1 and the reasons assigned
therein by the learned Judge. Considering the role attributed to the
petitioner and the manner in which the alleged offence is committed
by the petitioner, I am inclined to exercise my discretion in favour
of the petitioner.
6. In
view of the above, without entering into the merits of the case and
without discussing the evidence in detail, I am of the view that the
petitioner is required to be enlarged on regular bail at this stage.
7. In
the facts and circumstances of the case, the application is allowed
and the petitioner is ordered to be enlarged on bail in connection
with CR.No.46 2008 registered with Kaprada 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.
8. 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.
9. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
10. 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.]
Hitesh
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