Gujarat High Court Case Information System
Print
CR.MA/9664/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9664 of
2011
=========================================================
GOPALBHAI
KANUBHAI SONI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MRS. MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 12/07/2011
ORAL
ORDER
RULE.
Learned APP Mrs. Manisha L. Shah waives service of notice of Rule
for the respondent – State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.37/2011 with Rajgadh
Police Station, Panchmahal for the offences punishable u/s.
380, 114, 411 and 413 of the Indian Penal Code and u/s.135 of the
Bombay Police Act.
Learned
Counsel appearing for the applicant submits that
the allegations against the applicant – a gold smith having a
small shop in a tribal area are of allegedly purchasing stolen goods
and considering the role, punishment prescribed and that the case is
triable by a Magistrate, by imposing suitable conditions, the
applicant may be enlarged on bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.37/2011
with Rajgadh Police Station, Panchmahal, on executing a bond
of Rs.5,000/- (Rupees Five 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 liberty or misuse 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 prior permission of the
Sessions Judge concerned;
e)
mark or before the concerned Police Station on every 1st
and 15th day of every English Calendar month between
11.00 a.m. to 2.00 p.m. for three months only;
f)
furnish the present address of his residence to the Investigating
Officer and also to the Court at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
The
authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to
try the case.
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.
Rule
made absolute. Direct Service is permitted.
(Anant
S. Dave, J.)
Caroline
Top