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CR.MA/13465/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13465 of 2011
======================================
GHANSHYAM
ALIAS GHASHIRAM DAUJIRAM YADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
CHIRAG PAREKH FOR MR BH SOLANKI for Applicant(s) : 1,
MS CM SHAH
ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 26/09/2011
ORAL
ORDER
1. RULE.
Learned APP Ms. Shah waives service of Rule on behalf of the
respondent – State.
2. 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 Prohi. CR No. 248 of 2011 registered at Kathlal Police Station
for the offence punishable under Sections 66(1) (B), 65-E and 81 of
the Indian Penal Code.
3. Learned
advocate Mr. Chirag Parekh appearing on behalf of the applicant
submitted that the applicant is an innocent person and he has been
wrongly arraigned in the offence. From the bare reading of the FIR,
prima facie, it is established that there is no role reflected on the
part of the applicant. Therefore, the applicant may kindly be
released on bail by imposing suitable conditions.
4. Learned
APP Ms. Shah strongly opposed the application of the applicant and
stated that looking to the fact the applicant is involved in serious
offence as alleged, gravity of the office, quantum of punishment,
discretion may not be exercised in favour of the applicant.
5. Having
considered the rival submissions and on perusal of the role
attributed to the applicant as reflected in the FIR, police papers,
quantum of punishment, etc. and the fact that prima facie, there is
no allegation established against the applicant, I am of the view
that the applicant deserves to be enlarged on bail. At this stage of
bail, this Court is not discussing the evidence in detail.
6. 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 Prohi. CR No. 248 of 2011 registered at Kathlal Police Station
on his 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] 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;
[f] shall
mark his presence on 15th day of every calender month
before the concerned police station, till the trial is over;
[g] maintain
law and order.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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