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CR.MA/1758/2010 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1758 of
2010
=========================================================
CHORASIYA
TARUN @ CHHOTU ATMASWAROOP - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRAVIN GONDALIYA for
Applicant(s) : 1,
MR HL JANI ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 04/03/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with I-C.R.No.193 of 2009 registered at Mehsana City
Police Station for the offences punishable under sections 395, 394,
114 and 120(B) of Indian Penal Code and section 25(1)(A) of Arms Act
as well as section 135 of the Bombay Police Act.
The
learned advocate Mr.Gondaliya for the applicant submitted that
applicant is an innocent person and he has been falsely implicated
in the commission of offence punishable under sections 395, 394, 114
and 120(B) of Indian Penal Code and section 25(1)(A) of Arms Act as
well as section 135 of the Bombay Police Act. Considering the role
attributed to the applicant, which is reflected in First Information
Report at Annexure-A to the application, and since the co-accused is
already enlarged on bail by this Court (Coram: Rajesh Shukla, J.)
vide order dated 29.01.2010 passed in Criminal Miscellaneous
Application No.150 of 2010 as well as order dated 04.02.2010 passed
in Criminal Miscellaneous Application No.265 of 2010 and the order
dated 05.02.2010 passed by this Court (Coram:Akil Kureshi, J.) in
Criminal Miscellaneous Application No.14490 of 2009, the applicant
deserves to be enlarged on bail.
Learned
APP Mr.H.L.Jani resisted the bail application and submitted that
considering the nature of offence in which the applicant is
involved, no discretionary relief be granted and the application
deserves to be dismissed.
I
have heard learned advocate Mr.Pravin Gondaliya for the applicant
and Mr.H.L.Jani, learned Additional Public Prosecutor for respondent
State at length and in great detail.
Having
considered the rival submissions and on perusal of the role
attributed to the applicant, manner in which offence committed by
the applicant, gravity of offence punishable under sections 395,
394, 114 and 120(B) of Indian Penal Code and section 25(1)(A) of
Arms Act as well as section 135 of the Bombay Police Act and since
co-accused are already enlarged on bail, the applicant, in my view,
deserves to be enlarged on bail without discussing the evidence in
detail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.193 of 2009 registered at Mehsana City Police Station on
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 any day of
every first week of English calender 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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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