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CR.MA/935520/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9355 of 2008
=========================================================
HARDIK
JAGDISHBHAI THAKKAR
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
PM THAKKAR FOR M/S THAKKAR ASSOC. for Applicant.
MR HL JANI, ADDL.
PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 27/08/2008
ORAL
ORDER
RULE. Mr. H.L.
Jani, 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
262 of 2008 before Anand Town Police Station, for the offence
punishable under section 143, 147, 148, 327, 342, 504 & 302 of
the Indian Penal Code.
Learned advocate
for the petitioner submitted that considering the role attributed to
the petitioner, he was not at all involved in the commission of
offence and he has been falsely implicated in the commission of
offence and a false case has been foisted on him. Learned advocate
for the petitioner has placed reliance on the affidavit filed by the
Investigating Officer before the trial Court and submitted that even
in the said affidavit, no role is attributed to the petitioner.
Learned advocate for the petitioner, therefore, submitted that the
petitioner may be enlarged on regular bail.
On the other
hand, learned Additional Public Prosecutor submitted that considering
the role played by the petitioner and the manner in which the
petitioner, along with other accused persons, has committed a
heinous crime of murder, no lenient view can be taken in the matter
and the application does not call for any interference, and the
petition may be rejected out of hand.
I have heard the
learned advocate for the petitioner as well as learned Additional
Public Prosecutor 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 the
judgment and order passed by the learned Additional Sessions Judge,
4th Fast Track Court, Anand in Criminal Misc. Application
No. 359 of 2008. I have also considered the role alleged against the
petitioner in the commission of offence in the FIR. I have also
considered the affidavit filed by the Investigating Officer before
the trial Court and looking to the role attributed to the present
petitioner in the affidavit, 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. However, while releasing the petitioner on
bail, stringent conditions are required to be imposed in order to
safeguard the interest of the investigating agency.
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
262 of 2008 before Anand Town 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 Anand Town 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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