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CR.MA/3924/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3924 of 2010
=========================================================
GOPALBHAI
MADHUBAI GOHIL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MEHUL H RATHOD for
Applicant(s) : 1,
MR DEVANG VYAS APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/04/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicant, who has been arrested in
connection with C.R.No.I-10 of 2010 registered with Viramgam Rural
police station for the offence punishable under Sections 379 and 120B
of the Indian Penal Code, Section 15(2) of the Petroleum and Mineral
Pipeline Act, 1962 and Sections 3 and 7 of the Prevention of Damages
to Public Properties Act, 1984.
2. I have heard learned
advocate Mr.M.H. Rathod for the applicant and learned A.P.P.
Mr.Devang Vyas for the respondent-State at length and in great
detail. I have considered the role attributed to the applicant which
is reflected in the F.I.R., police papers and photographs produced by
the learned A.P.P. for my perusal. Considering the same and
considering the provisions of Sections 379 and 120B of the Indian
Penal Code, Section 15(2) of the Petroleum and Mineral Pipeline Act,
1962 and Under Sections 3 and 7 of the Prevention of Damages to
Public Properties Act, 1984, quantum of punishment and since the
other co-accused are already released on bail, I am of the view that
the applicant deserves to be enlarged on bail. However, stringent
terms and conditions are required to be imposed on the applicant
while releasing him on bail.
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
C.R.No.I-10 of 2010 registered with Viramgam Rural police station on
executing a bond of Rs.20,000/- [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
the concerned Police Station twice i.e. on 1st and 15th
day 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.
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 today.
(H.B.ANTANI,
J.)
Hitesh
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