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CR.MA/1329/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1329 of 2010
==============================================================
HAMIRBHAI
BHIKHABHAI BATHVAR & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR SATYAM Y CHHAYA for Applicant(s)
: 1 - 4.
MS ML SHAH, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
==============================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 18/02/2010
ORAL
ORDER
This
petition is filed under section 439 of the Code of Criminal Procedure
by the applicants who have been arrested in connection with C.R. No.
I – 20 of 2010 filed before the Kuvadava Road Police Station, Rajkot
for the offence punishable under sections 436 and 114 of the Indian
Penal Code.
Mr.
Chhaya, learned advocate for the applicants submitted that the
applicants are innocent persons and a false case is foisted on them.
He submitted that considering the role attributed to the applicants
and reflected in the FIR at Annexure ‘A’ to the petition, this is a
fit case to enlarge the applicants on regular bail.
As
against the aforesaid, learned APP Ms. M.L. Shah submitted that
considering the role played by the applicants along with other
co-accused, and the provisions of sections 436 and 114 of the Indian
Penal Code, no discretionary relief can be granted to the applicants,
and the application deserves to be dismissed.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicants and reflected in the
FIR at Annexure ‘A’ , the provisions of sections 436 and 114 of the
Indian Penal Code and the quantum of punishment etc., I am of the
view that the the applicants are required to be enlarged on regular
bail at this stage, without entering into the merits of the case and
without discussing the evidence in detail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the petition is allowed and
the applicants are ordered to be enlarged on bail in connection with
C.R. No. I – 20 of 2010 filed before the Kuvadava Road Police
Station, Rajkot on executing a bond of Rs.10,000/- [Rupees ten
thousand only] EACH with one surety EACH of the like amount to the
satisfaction of the trial court and subject to the conditions that
they shall:
[a] not
take undue advantage of their liberty or abuse their liberty;
[b]. not
act in a manner injurious to the interest of the prosecution;
[c]. surrender
their 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
their presence at Kuvadava Road Police Station, Rajkot 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 their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[g]. 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.
mathew [H.B.ANTANI,
J.]
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