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CR.MA/8672/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8672 of 2010
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DEVIDAYAL
MUNSILAL MADORIYA (BHADORIYA) - Applicant
Versus
STATE
OF GUJARAT - Respondent
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Appearance :
MR
JR DAVE for Applicant:
MR MG NANAVATI, LD. APP for
Respondent:
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 06/08/2010
ORAL
ORDER
Rule.
Shri. MG Nanavati, learned APP waives service of notice of rule for
respondent State. Rule is fixed forthwith with the consent of
learned counsel for the parties.
The
applicant accused who has been arrested in connection with C.R. No:
I-165/2010 registered with Sabarmati Police Station for the offence
punishable under section 306, 498(A) and 114 of I.P. Code, has moved
this Court under section 439 of Cr.P.C., for seeking regular bail,
pending trial.
The
accused applicant appears to have approached the Sessions Court,
Ahmedabad (Rural) by preferring Cri. Misc. Application No.928 of
2010 which came to be rejected by Learned Addl. Sessions Judge And
Fast Track Court No.4, Ahmedabad (Rural) at Mirzapur, vide order
dated 15/7/2010.
This
Court has taken into consideration the averments made in the FIR,
and the nature of evidence as it is reflected in the order of the
trial court. Looking to the age and attending circumstnaces, this
Court is convinced that the applicant has made out case for
enlarging him on bail, pending trial for the following reasons:
Allegations
made in the FIR and the nature of evidence so far as the present
applicant is concerned deserves to be taken into consideration for
enlarging him on bail.
Prosecution
has not expressed any apprehension that if the applicant is enlarged
on bail he is likely to influence the witnesses.
Prosecution
has not expressed any apprehension about applicant/accused that if
he is enlarged on bail, is likely to flee from justice.
The
investigation is over and charge sheet is filed.
The
trial court has not appreciated this aspects of the case and
therefore the order of the trial court is required to be quashed and
set aside and accordingly it is hereby quashed and set aside.
The
aforesaid observations are made only for the purpose of examining
the prayer for bail pending trial. These observations are prima
facie and shall have no bearing whatsoever upon the trial and the
trial court shall not be influenced by it in any way and come to its
own conclusion after analyzing the evidence that may be led during
the trial.
In
view of the above, applicant’s case for bail deserves positive
consideration.
Accordingly
the application is allowed. The applicant is ordered to be released
on bail in connection with Crime Register No.I-165/2010 of Sabarmati
Police Station, District Ahmedabad, on his executing a bond of Rs.
5,000=00 (Rupees Five Thousand only), with one surety of same amount
to the satisfaction of the Court below 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
) maintain law and order:
(d)
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned:
(e) 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:
(f)
mark his presence once before concerned Police Station between
15th to 20th day of every month between 9.00 a.m. and
2.00 p.m., for a period of six months.
(g) surrender
his passport, if any, to the Court below within a week.
8.
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.
9.
Bail before the Court below having jurisdiction to try the case.
10.
Rule made absolute. Direct Service permitted.
(S.R.BRAHMBHATT,
J.)
/vgn
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