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CR.MA/9121/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9121 of 2010
=========================================================
BHARATBHAI
LALJIBHAI VYAS - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAJESH K KANANI for
Applicant(s) : 1,
MR UA TRIVEDI ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/08/2010
ORAL
ORDER
Rule.
Learned APP Mr. Trivedi 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
CR No. I 65 of 2009 filed before the Vadodara Taluka Police Station
for the offence punishable under sections 406, 420, 120(B), 465, 467,
468, 471 and 114 of the Indian Penal Code.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicant as reflected in the
FIR at Annexure ‘A’, the quantum of punishment, gravity of offence
and the co-accused have been released on bail by this Court, I am of
the opinion that this is a fit case to grant the regular bail to the
applicant. In view of the above, 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 petition is allowed and
the applicant is ordered to be enlarged on bail in connection with
CR No. I 65 of 2009 filed before the Vadodara Taluka 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 their
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.)
ynvyas
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