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CR.MA/722/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 722 of 2010
=========================================================
GANPATSINH
UDAYSINH PUVAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ND NANAVATI SR. ADV. FOR HL PATEL ADVOCATES
for
Applicant(s):1
MR UA TRIVEDI APP for Respondent(s) :
1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/02/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular by the applicant, who has been arrested in connection
with F.I.R. registered as C.R.No.II-87 of 2009 with Kvant Police
Station for the offence punishable under Sections 7 and 11 of the
Essential Commodities Act.
2. Learned Senior
Advocate Mr.N.D. Nanavati for H.L. Patel advocates for the applicant,
at the outset, submitted that the applicant is an innocent person and
false case is foisted on him. Considering the role attributed to the
applicant which is reflected in the F.I.R. at Annexure A to the
application, the applicant deserves to be enlarged on bail.
3. Learned A.P.P.
Mr.U.A. Trivedi, representing the respondent-State, while opposing
the bail application, submitted that considering the role attributed
to the applicant and manner in which he has committed the offence
punishable under Sections 7 and 11 of the Essential Commodities Act,
no discretionary relief be granted to the applicant and the
application be dismissed.
4. I have heard learned
Senior Advocate Mr.N.D. Nanavati for H.L. Patel advocates for the
applicant and learned A.P.P. Mr.U.A. Trivedi for the respondent-State
at length and in great detail. Considering the rival submissions,
role attributed to the applicant which is reflected in the F.I.R. at
Annexure A to the application, provisions of Sections 7 and 11 of the
Essential Commodities Act, police papers and quantum of punishment
etc., I am of the view that the applicant deserves to be enlarged on
bail.
5. 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
C.R.No.II-87 of 2009 registered at Kvant 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 first week of every
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.
6. 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.
7. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
8. 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.
9. Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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