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CR.MA/715/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 715 of 2010
=========================================
HANIF
HABIBBHAI MOVAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
DIPEN K DAVE for
Applicant(s) : 1, MR LAXMANSINH M ZALA for Applicant(s) : 1,
MS ML
SHAH, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 05/02/2010
ORAL ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No. I 209 of 2009 with Surendranagar City Police Station for the
offence punishable under Sections 302 and 114 of the Indian Penal
Code and Section 135 of the Bombay Police Act. In the facts and
circumstances of the case and by consent of both the sides, this
application is taken up for hearing today.
2. Learned
advocate Mr LM Zala for the applicant submitted that considering the
role attributed to the applicant as reflected in the FIR and the
statement of witnesses, he deserves to be enlarged on bail as he has
not played any overt act in the commission of offence. Learned
advocate for the applicant, therefore, submitted that the prayer as
set out in the application be granted.
3. Learned
Additional Public Prosecutor, Ms ML Shah representing the State,
while opposing the bail application submitted that considering the
role attributed to the applicant and the manner in which the offence
is committed by the applicant along with the other accused, no
lenient view can be taken in the matter and the application deserves
to be dismissed out of hand.
4. I
have considered the rival submissions and on perusal of the averments
made in the application, the role attributed to the applicant as
reflected in the FIR, statement of witnesses, police papers, the
provisions of Sections 302 and 114 of the IPC and Section 135 of the
Bombay Police Act, quantum of punishment, etc., in the peculiar facts
and circumstances of the case, I am of the view that the applicant
deserves 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 CR No. I 209 of 2009 with Surendranagar City 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 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 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 petitioner on bail.
9. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
[H.B.
Antani, J.]
mrpandya
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