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CR.MA/5597/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5597 of
2010
=========================================================
ASHOKBHAI
VASURBHAI SAIDA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARDIK A DAVE for
Applicant(s) : 1 - 3.
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 08/06/2010
ORAL
ORDER
Rule.
Mr.Kartik Pandya, learned A.P.P. Waives service of Rule on behalf of
respondent-State.
Heard
learned advocate Mr.Hardik Dave for applicants and learned A.P.P.
Mr.Kartik Pandya for respondent-State.
At
the outset, Mr.Hardik Dave, learned advocate for the applicants has
placed reliance on the order dated 13.05.2010, passed in Criminal
Miscellaneous Application No.4659 of 2010 by learned single Judge of
this Court (Coram: Hon’ble Mr.Justice H.B.Antani) in the case of
co-accused of CR No. I-414 of 2009 registered with Umra Police
Station for the offences punishable under Sections 143, 147, 149,
302, 326, 188, 504, 120-B, 212, 34 and 114 of the Indian Penal Code.
It
is submitted that the applicants, who are accused Nos.16, 18 and 19
in the charge-sheet is similarly situated to persons and allegations
leveled against him are at par with the accused already ordered to
be enlarged on bail.
In
view of the above and also in view of the allegations leveled
against the applicants and role attributed to them, it is submitted
that the applicants accused also deserves parity and be enlarged on
the bail since charge-sheet is filed.
Learned
A.P.P. Mr.Kartik Pandya appearing for respondent-State submits that
in view of the statements of witnesses and role attributed, no
parity be extended to the applicants.
I
have heard learned counsel for the parties. It is pertinent to
produce Para-3 of the order dated 13.05.2010 passed in Criminal
Miscellaneous Application No.4659 of 2010 passed by this Court,
which is as under:-
3. I
have heard the learned counsel appearing for the parties. I have
also considered the role attributed to the applicants as reflected in
the FIR as well as the police papers. The statements of witnesses
are also perused by me. However, nothing turns out from the
statement of the witness to indicate any overt act to the applicants.
It appears that no specific role or overt act is attributed to the
applicants even as per the statement of the witnesses in the
commission of offence. Considering the aforesaid aspects as well as
provisions of sections Sections 143, 147, 149, 302, 326, 188, 504,
120.B, 212, 34 and 114 of the Indian Penal Code and the quantum of
punishment etc., I am of the view that the without entering into the
merits of the case and without discussing the evidence in detail, the
applicants are required to be enlarged on regular bail at this
stage, i n the peculiar facts and circumstances of the case and
without treating it as a precedent.
In
view of above observations, prima-facie while enlarging co-accused
on bail and in facts and circumstances of the case on hand vis-a-vis
nature of accusation leveled against accused and role attributed, I
am of the opinion that the applicants also deserves similar
treatment and therefore the
application is allowed and the applicants are ordered to be
enlarged on bail in connection with C.R. No. I-414 of 2009 with Umra
Police Station on executing a bond of Rs.10,000/- [Rupees ten
thousand only] each
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 Umra 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.
9. 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.
10. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
11. 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.
12. Rule
is made absolute.
13. Direct
Service is permitted.
(A.S.DAVE,
J.)
..mitesh..
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