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CR.MA/9709/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9709 of 2008
=========================================================
KARADIA
RAVESINGH RAMBHAI (DAHIMA)
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
JAVED D SINDHI for Applicant.
MR KC SHAH, ADDL. PUBLIC PROSECUTOR
for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 24/07/2008
ORAL
ORDER
RULE. Mr. K.C.
Shah, 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 application is taken up for hearing
today.
This application
is filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No. I ?
97 of 2008 registered before Kodinar Police Station, Dist. Junagadh
for the offences punishable under sections 394 and 341 of the Indian
Penal Code.
Learned advocate
submitted that the petitioner has been falsely implicated in the
commission of offence and considering the FIR produced at Annexure
‘A’, it is a fit case to enlarge the petitioner on regular bail.
Mr. K.C. Shah,
learned Additional Public Prosecutor submitted that considering the
role attributed to the petitioner which is reflected in the FIR
produced at Annexure ‘A’, as the applicant is primafacie involved in
the offence the application for bail deserves to be rejected.
Having considered
the rival submissions and perusal of the FIR, the petitioner has been
booked for offences punishable under sections 394 and 341 of the
Indian Penal Code. The petitioner is alleged to have demanded
Rs.100/- as ‘hafta’ from the victim, and on refusal, gave 4-5 slaps
on the face and snatched away mobile worth Rs.1200/-. It primafacie
appears that the incident is an offshoot of business rivalry. Hence,
considering the nature of offence, 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.
The parties do
not press for further reasoned order.
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 C.R.
No. I ? 97 of 2008 registered before Kodinar Police Station, Dist.
Junagadh 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 Kodinar 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 applicant on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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