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CR.MA/9312/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9312 of 2008
=========================================================
CHAUHAN
BHAMARSINH UJESINH & ANOTHER
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
DC SEJPAL for Applicants.
MR KT DAVE, ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 16/07/2008
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 –
28 of 2008 filed before Chapi Police Station, for the offence
punishable under sections 420, 120(b) and 511 of the Indian Penal
Code.
Learned advocate
representing the applicants submitted that taking into account the
role attributed to the petitioners, it is a fit case to release the
applicants on regular bail. Learned advocate submitted that the
applicants have not actually committed any offence, and the
allegation against the applicants are that they were planning to
indulge in some illegal activities. Considering these facts, learned
advocate submitted that the applicants may be released on regular
bail.
As against the
aforesaid submission, learned APP for the State submitted that taking
into account the role attributed to the applicants, the applicants
may not be released on regular bail. He further submitted that if the
Court is inclined to release the applicants on regular bail, then
stringent conditions may be imposed on them.
Taking
into consideration the submissions canvassed by the learned advocates
for both the sides and considering the averments made in the
application as well as the FIR, it is a fit case, in my view, to
grant regular bail to the applicants. It primafacie appears that the
applicants have not actually committed any offence, and the
allegation against the applicants are that they were planning to
indulge in some illegal activities and no specific role is attributed
to the applicants. Considering the above, I am of the view
that the the applicants are required to be enlarged on regular bail
at this stage, 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
applicants are ordered to be enlarged on bail in connection with C.R.
No. I – 28 of 2008 filed before Chapi Police Station on executing a
bond of Rs.10,000/- EACH [Rupees ten thousand only] with one surety
EACH of the like amount to the satisfaction of the trial court and
subject to the conditions that they shall:
[a] not take undue
advantage of their liberty or abuse their liberty;
[b]. not act in a
manner injurious to the interest of the prosecution;
[c]. surrender
their 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 their
presence at Chapi 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 their residence to the I.O. and also to the Court
at the time of execution of the bond and shall not change their
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 applicants on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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