Gujarat High Court Case Information System
Print
CR.MA/8455/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8455 of 2008
=========================================================
VIKRAMBHAI
SHANKERBHAI PARMAR
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
HM PARIKH for Applicant.
MR KT DAVE, ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/07/2008
ORAL
ORDER
RULE. Mr. K.T.
Dave, 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 ?
3 of 2008 filed before the Umreth Police Station, the offence
punishable under section 306, 498A and 114 of the Indian Penal Code.
Learned advocate
submitted that considering the role attributed to the petitioner
which is reflected in the FIR produced at Annexure ‘A’ and the
gravity of the offence, learned advocate submitted that it is a fit
case to enlarge the applicant on regular bail. Learned advocate
submitted that if bail as prayed for is granted, the applicant would
abide by the terms and conditions imposed by this Court.
On the other
hand, Mr. K.T. Dave, learned Additional Public Prosecutor submitted
that considering the nature and seriousness of offence in which the
applicant is involved, it is not a fit case to release the applicant
on regular bail and the application deserves to be dismissed.
Heard learned
advocate Mr. Parikh for the petitioner and Mr. Dave, learned APP at
length and in great detail. I have also perused the averments made
in the application as well as the FIR produced on record of the
petition. I have also perused the order passed by learned Additional
Sessions Judge & Presiding Officer, Fast Track Court No.4, Anand
in Criminal Misc. Application No. 246 of 2008. I have also considered
the nature of offence in which the petitioner is involved. Co-accused
have been released on bail by this court. At the relevant time, it
prima facie appears that the applicant was serving at Bhuj.
Considering the above, I am of the view that the the applicant is
required to be enlarged on regular bail at this stage, without
entering into he merits of the case and 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 ? 3 of 2008 filed before the Umreth 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 Umreth police station for the first time on 23rd
July 2008 and thereafter 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.]
Top