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CR.MA/2183/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2183 of
2010
=========================================================
GHANSHYAMBHAI
SITARAM JOHARI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MRMPSHAH
for Applicant(s) : 1,MS.
KRUTI M SHAH for Applicant(s) : 1,
MR. D C SEJPAL, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/03/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant for regular bail, who has been
arrested, in connection with F.I.R. registered as C.R. No. I-2 of
2010 with Bardoli Police Station, District Surat for the offence
punishable under Sections 420, 465, 467 and 471 of the Indian Penal
Code.
2. Learned
advocate for the applicant submitted that the applicant is an
innocent person and he has been falsely implicated in the alleged
offence punishable under Sections 420, 465, 467 and 471 of the Indian
Penal Code. Learned advocate further submitted that considering the
role attributed to the applicant as reflected in F.I.R. at
Annexure-A to the application and since the co-accused has already
been released by this Court vide order dated 04.03.2010 passed in
Criminal Misc. Application No. 1380 of 2010, the applicant even, on
the ground of parity, deserve to be enlarged on bail.
3. Learned
A.P.P. Mr. D.C. Sejpal, representing the State, while opposing the
bail application, submitted that the applicant is involved in a
serious offence punishable under Sections 420, 465, 467 and 471 of
the Indian Penal Code. Learned A.P.P. further submitted that
considering the role attributed to the applicant and the manner in
which the offence is committed by him along with other accused, no
discretionary relief be granted to the applicant and the application
deserves to be dismissed.
4. I
have heard learned advocate Ms. Kruti M. Shah appearing for the
applicant and learned A.P.P. Mr. D.C. Sejpal appearing for the State
at length and in great detail. I have considered the rival
submissions, averments made in the application, role attributed to
the applicant which is reflected in F.I.R. at Annexure-A to the
application, provisions of Sections 420, 465, 467 and 471 of the
Indian Penal Code, quantum of punishment, police papers etc. and the
fact that the co-accused has already been enlarged on bail by this
Court vide order dated 04.03.2010 passed in Criminal Misc.
Application No. 1380 of 2010, I am of the view that the present
applicant also deserve 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. I-2 of 2010 registered at Bardoli Police Station,
District Surat on executing a bond of Rs. 10,000/- (Rupees twenty
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 Bardoli 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.
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.)
Shekhar
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