Gujarat High Court Case Information System
Print
CR.MA/2768/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2768 of 2010
=========================================================
HAJRABIBI
ALIHUSAIN SAIYED - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
RV ACHARYA for
Applicant(s) : 1,
MR DEVANG VYAS, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 13/04/2010
ORAL
ORDER
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 I CR No. 256 of
2007 registered at Borsad Police Station for the offence punishable
under Sections 304 and 34 of Indian Penal Code, Sections 6, 9[B], 3
of the Explosive Substance Act, 1908 and section 135 of Bombay Police
Act.
Considering the
submissions canvassed by the learned advocates of both the sides and
on perusal of the role attributed to the applicant as reflected in
the FIR at Annexure:A to the application, police papers, provisions
of Sections 304 and 34 of Indian Penal Code, Sections 6, 9[B], 3
of the Explosive Substance Act, 1908 and section 135 of Bombay Police
Act, quantum of punishment etc., I am of the view that the applicant
deserves to be enlarged on bail.
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 I CR
No. 256 of 2007 registered with Borsad 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 she shall:
[a] not take undue
advantage of her liberty or abuse her liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] surrender her
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 her residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change her residence
without prior permission of this Court;
[f] maintain law and
order.
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.
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 is made absolute
to the aforesaid extent. Direct service is permitted.
[H.B.ANTANI,
J.]
pirzada/-
Top