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CR.MA/11575/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11575 of 2008
=========================================================
HARESH
NAGINBHAI PATKAR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
ADIL R MIRZA for
Applicant(s) : 1,
MR. M.R.MENGDEY ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
NOTICE UNSERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/09/2008
ORAL
ORDER
1. Rule.
Shri M.R. Mengdey,learned APP, wavies service of notice of rule on
behalf of the respondent State. With the consent of the parties, the
application is taken up for final hearing today.
2. Present
application is filed by the original accused under Section 439 of the
Code of Criminal Procedure for releasing him on bail in connection
with complaint being C.R. No. I- 19 of 2008 registered with the
Umargam Police Station for the offences punishable under Sections
365, 376 and 506(2) of the IPC.
3. Shri
Adil Mirza, learned advocate for the applicant has submitted that
considering the averments and allegations made in the complaint, the
story is not probable and believable. It is submitted that it can be
said to be a case of consent and there was no compulsion and / or
force by the applicant. It is submitted that the investigation is
already completed and charge sheet is already filed, therefore, it is
requested to consider the case of the applicant for bail.
4. Shri
M.R. Mengdey, learned A.P.P while opposing the application has
submitted that looking to the statement of the prosecution as well as
her sister, a prima facie case is made out, therefore, discretion
cannot be exercised in favour of the applicant.
5. Heard
the learned advocates for the respective parties. Considering the
fact that the investigation is already completed and charge sheet is
already filed and the manner in which the the offence is alleged to
have been committed, the case of the applicant is deserves to be
considered on certain conditions.
6. Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with Crime Register No. I-19 of 2008 registered with Umargam Police
Station on his executing a bond of Rs.5,000/- (Rupees Five Thousand
only) with one surety of the like amount to the satisfaction of the
lower 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) maintain
law and order;
(d) mark
his presence before concerned Police Station on 2nd Sunday of every
English calendar month between 9.00 a.m. and 2.00 p.m. for a period
of three months.
(e) Not
to enter the Valsad District initially for a period of 12 months,
except for the purpose of attending the trial and not leave the State
of Gujarat without the prior permission of the Sessions Court
concerned;
(f) furnish
the address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(g) surrender
his passport, if any, to the lower Court within a week.
7. 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.
8. Bail
before the lower Court having jurisdiction to try the case.
9. Rule
is made absolute. Direct Service is permitted.
(M.R
SHAH, J.)
kaushik
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