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CR.MA/3376/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3376 of
2010
=========================================================
DILIP
@ SUKO BALABHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARSHIT S TOLIA for
Applicant(s) : 1,
MR DC SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 22/04/2010
ORAL ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-20 of 2008 registered at Mahuva Police Station, Bhavnagar
for the offence punishable under Sections 302, 395, 396, 398, 399,
400, 402, 120(B) of the IPC and Section 25(1)(c) of the Arms Act as
well as Section 135 of the Bombay Police Act.
2. Heard
learned advocate Mr Harshit S Tolia, learned advocate for the
applicant and Mr DC Sejpal, learned APP for the State at length and
in great detail. Having considered the role attributed to the
applicant as reflected in the FIR, police papers and the order
granting bail to the co-accused passed by the Coordinate Bench of
this Court in Criminal Misc. Application No.11083 of 2008 dated
10.9.2008 (Coram : M.R.Shah, J.), Criminal Misc. Application No.12491
of 2008 dated 17.10.2008 (Coram : M.D.Shah, J.), Criminal Misc.
Application No.312 of 2009 dated 17.3.2009 (Coram: Smt. Abhilasha
Kumari, J.), Criminal Misc. Application No.14023 of 2009 dated
24.12.2009 and Criminal Misc. Application No.1642 of 2010 dated
4.3.2010 of this Court, I am of the view that the applicant, who has
not played a greater role than those who are released on bail,
deserves to be enlarged on bail even on the ground of parity.
3. In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with CR No.
I-20 of 2008 registered at Mahuva Police Station, Bhavnagar 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 calendar 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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
[H.B.ANTANI,
J.]
mrpandya
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