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CR.MA/6798/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6798 of 2011
=========================================================
DAWOODBHAI
AIYUBHAI PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
GA PATHAN for
Applicant(s) : 1,
Mr.K.P.Raval,APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 13/05/2011
ORAL
ORDER
1. The
Present Application for grant of regular bail arises out of
I-CR.No.323/10 of Maninagar Police Station. The present
applicant-accused is allegedly involved in chain snatching and also
of the theft of Nokia Mobile, as per the FIR given on 14.11.2010.
2. Learned
advocate Mr.G.A.Pathan appearing for the applicant strenuously argued
for and on behalf of the applicant-accused that though other offences
are shown in the police record of similar nature, connecting this
accused, the fact remain that the accused is falsely involved by the
police in each of them. Emphasizing on panchnama drawn at Vejalpur
Police Station an attempt is made to point out that the present
applicant and his friends have had a row with police in connection
with the papers of vehicles during the vehicle checking. He has been
falsely implicated in all the matters which are pending before the
different police stations undetected. He also pointed out that, in
rest of the three offences, the accused has been already enlarged on
bail. He urged the court that the accused is a young boy of 22
years old age and he has been per force arraigned in the alleged
offence. Charge-sheet is already prepared by the police and the same
has been filed before the Trial Court and there is no ground raised
of tampering with the evidence. Therefore, it is urged that the
accused be enlarged on bail on appropriate conditions.
3. Learned
APP points out to the Court that incidence of chain snatching in the
City are on increase and present applicant is a habitual offender.
The Court may grant bail if it deems fit with strict conditions.
4.
While allowing the Application, the aforementioned submissions and
the facts that the charge-sheet has already been filed are to be kept
in mind and the accused is already in jail for the past more than 6
months; trial of this case is likely to take a very long time, the
accused is required to be ordered to be enlarged on bail with
following conditions :-
Under
the circumstances, the applicant is ordered to be released on bail in
connection with C.R. No. I-CR No.323/2010 on his furnishing surety of
Rs. 20,000/-(Rupees Twenty Thousands) to the satisfaction of the
lower Court and subject to following conditions :
Petitioner shall;
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the Maninagar Police Station on every 1st
& 3rd Monday of English Calendar month between
10:00 am to 11:00 am:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
in
no manner tamper with the evidence of the prosecution.
not
act contrary to the law.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
shall be given before the Lower Court having jurisdiction to try the
case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(Ms.Sonia Gokani, J)
bina
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