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CR.MA/7946/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7946 of 2010
=========================================================
BHANUBHAI
NATHABHAI DONGA(PATEL)
Versus
STATE
OF GUJARAT
=========================================================
Appearance
:
MR
BC DAVE for
Applicant
MR KUNAL B
DAVE for Applicant
MR AJ DESAI ADDL. PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/07/2010
ORAL
ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicant who has been arrested in connection with
M.Case No. I – 5 of 2000 filed before Gondal City Police Station,
for the offence punishable under sections 177, 182, 193, 196, 199,
209, 465, 466, 467, 469, 471, 114 and 10B of the Indian Penal Code.
Mr.B. C.
Dave, learned advocate for the applicant submitted that the applicant
is an innocent person and a false case is foisted on him. He
submitted that there is no prima facie case against the present
applicant of taking any monetary benefit and there is no direct
evidence against the applicant. He submitted that considering the
role attributed to the applicant and reflected in the FIR at Annexure
‘A’ to the application, this is a fit case to enlarge the applicant
on regular bail.
As against
the aforesaid, learned APP Mr.A. J. Desai submitted that considering
the role played by the applicant, no discretionary relief can be
granted to the applicant, and the application deserves to be
dismissed.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicant and reflected in the
FIR at Annexure A, the quantum of punishment etc. and the co-accused
is released by this Court, I am of the view that the the applicant is
required to be enlarged on regular bail at this stage on stringent
conditions, 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
M.Case No. I – 5 of 2000 filed before Gondal City Police Station,
on his 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]. 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;
[f]. 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.
(Z.K.SAIYED,
J.)
(vijay)
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