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CR.MA/570820/2009 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5708 of
2009
=========================================================
DINESHBHAI
PRABHATBHAI CHUNARA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MT SAIYED, MR MM TIRMIZI for
Applicant(s) : 1,
MR LB DABHI ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 13/05/2009
ORAL
ORDER
1. Rule.
Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service
of notice of Rule on behalf of the respondent-State of Gujarat.
2. This
application has been filed under Section 439 of the Code of Criminal
Procedure, 1973, for grant of bail in connection with FIR, being C.R.
No. I-150 of 2008, registered at Nadiad Rural Police Station, for
offences punishable under Sections 457 and 380 of the Indian Penal
Code.
3. The
allegation contained in the FIR is that the applicant, along with
other accused persons, is involved in the commission of the
above-mentioned offence.
4. Mr.
M.T. Saiyed, learned Advocate with Mr. M.M. Tirmizi, learned Advocate
for the applicant has submitted that the applicant is innocent and
has been falsely implicated. That, the applicant has not been named
in the FIR nor has any specific role been attributed to him. That,
there is no material on record, to connect the applicant, with the
commission of the alleged offence. That, the recovery of a DVD
player, from one of the accused persons, has nothing to do with the
‘Muddamal’ of the alleged offence. That, the applicant is ready and
willing to abide by any condition that may be imposed by this Court
and, therefore, the application may be favourably considered.
5. Mr.
L.B. Dabhi, learned APP on behalf of the respondent-State has
strongly opposed the grant of bail to the applicant.
6. I
have considered the submissions made by the learned Counsel for the
respective parties, and perused the contents of the FIR as well as
other material on record. From a perusal thereof, prima facie, the
role alleged to have been played by the applicant, in the commission
of the offence mentioned above, is not clearly borne out or indicated
from the material on record. Considering the totality of the facts
and circumstances of the case, the manner in which the offence is
alleged to have taken place, the nature and gravity of the offence
and the quantum of punishment that can be imposed upon conviction,
the application deserves to be allowed.
7. For
the reasons stated above, the application is allowed. The applicant
is ordered to be released on bail in connection with FIR, being C.R.
No. I-150 of 2008 registered with Nadiad Rural Police Station, on
his executing a personal bond to the tune of Rs.10,000/- (Rupees Ten
Thousand Only), with one solvent surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
the applicant:
a) shall
not take undue advantage of his liberty or abuse his liberty in any
manner;
b) shall
not act in a manner injurious to the interest of the prosecution
or tamper with evidence or intimidate witnesses;
c)
shall maintain law and order and shall cooperate fully with the
investigating officers and shall make himself available for
investigation, as and whenever directed;
d) shall
mark his presence before the Investigating Officer of the concerned
Police Station on the 15th and 30th day of
every English calendar month, between 10:00 am to 5:00 pm, till
the commencement of trial;
e) shall
not leave the local limits of the State of Gujarat without the
prior permission of the concerned Sessions Judge;
f) shall
furnish his residential address to the Investigating Officer and
also to the court at the time of execution of the bond and shall
not change his residential address without prior permission of
this Court;
g) shall
surrender his Passport, if any, to the lower Court within a week.
8. If
the applicant commits breach of any of the above conditions, the
concerned Sessions Judge will be free to issue warrants or take
appropriate action in the matter.
9. It
is made clear that no observations made by this Court be construed as
having any bearing on the merits of the case. At the time of the
trial, the trial Court will proceed in accordance with law,
unaffected and uninfluenced by any observations contained in this
order.
10. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate, if prayed for.
11. Rule
is made absolute. Direct Service is permitted.
(SMT.
ABHILASHA KUMARI, J.)
Umesh/
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