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Appearance vs Ms Mini Nair Addl Public … on 11 August, 2010

Gujarat High Court
Appearance vs Ms Mini Nair Addl Public … on 11 August, 2010
Author: Z.K.Saiyed,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/9004/2010	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 9004 of 2010
 

 
=========================================================

 

PRAKASH
@ KANCHO KISHANBAHADUR THAPA (NEPALI) 

 

Versus
 

STATE
OF GUJARAT 

 

=========================================================
 
Appearance
: 
MR
VAIBHAV A VYAS for
Applicant 
MS MINI NAIR ADDL PUBLIC PROSECUTOR for
Respondent 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE Z.K.SAIYED
		
	

 

Date
: 11/08/2010 

 

 
ORAL
ORDER

RULE.

Ms.Mini Nair, learned APP waives service of rule on behalf of the
respondent State.

This
application is filed under section 439 of the Code of Criminal
Procedure by the applicant who has been arrested in connection with
C.R. No. I – 22 of 2010 registered with GIDC (Vatva) Police
Station, for the offence punishable under sections 395, 397 and 412
of the Indian Penal Code and under Section 135(1) of the Bombay
Police Act.

Mr.V. A.

Vyas, learned advocate for the applicant submitted that the applicant
is an innocent person and a false case is foisted on him. 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 Ms.Mini Nair 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 gravity of
offence, I am of the view that 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
C.R. No. I – 22 of 2010 registered with GIDC (Vatva) 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]. mark
his presence at the concerned Police Station on 16th day
of each 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.

(Z.K.SAIYED,
J.)

(vijay)

   

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