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CR.MA/14118/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14118 of 2011
======================================
ASHISH
ARMBABU SRIVASTAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
PRATIK B BAROT for Applicant(s) : 1,
MS CM SHAH ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/10/2011
ORAL
ORDER1. Rule.
Learned APP Ms. C.M. Shah waives service of Rule on behalf of the
respondent – State.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. II- 3117 of 2011 registered at Prantij Police Station, for the
offence punishable under Sections 25(1) (B) of the Arms Act.
3. Learned
advocate for the applicant submitted that the applicant is an
innocent person and he has been wrongly arraigned in the offence. He
also submitted that the applicant was accused in other offence and
recovery was made in those offences, and the muddamal recovered in
those offence, appears to have been shown as recovery in present
offence. Even the ingredients of the alleged offence are not
established against the present applicant. He also submitted that
co-accused has been enlarged on bail by this Court. Therefore,
considering the parity ground, the applicant may kindly be released
on bail by imposing suitable conditions.
4. Learned
APP Ms. Shah for the State submitted that considering the seriousness
of the offence, in which the applicant is involved, the application
of the applicant is required to be rejected. Even from the papers
including FIR, it appears that the applicant has played active role
in the commission of the offence. Therefore, discretion may not be
exercised in favour of the applicant.
5.
Having considered the rival submissions and on perusal of the role
attributed to the applicant as reflected in the FIR, police papers,
provisions of Sections 25(1)(B) of the Arms Act and quantum of
punishment, I am of the view that the applicant deserve to be
enlarged on bail, as co-accused have been released by this Court.
This court is not entering into the detail discussion of the evidence
at this stage of bail.
6. 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 CR No. II-3117 of 2011 registered at Prantij 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 last day of every
English Calender month, at 11:00 a.m. 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.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
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