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CR.MA/12682/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12682 of 2010
=========================================
HEMANTDAS
ALIAS SONU BAJRANGDAS GWALA (AHIR) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR AMRISH K
PANDYA for
Applicant(s) : 1,
MR RC KODEKAR, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/10/2010
ORAL
ORDER
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with CR No.I-85 of 2009 registered with Matar Police
Station for the offences punishable under Sections 395 of the Indian
Penal Code.
Heard
Mr.Amrish Pandya, learned counsel for the applicant and Mr.R.C.
Kodekar, learned Additional Public Prosecutor for the
respondent-State.
Mr.Pandya
has submitted that the applicant is innocent and prima-facie no case
is made out against the present applicant. He has also contended
that there is no direct or indirect evidence available to involve
the applicant in the present case. Even applicant is not named in
the F.I.R. and only on the basis of doubt, the applicant is arrested
in the present case. He, therefore, contended that the applicant may
kindly be enlarged on regular bail.
As
against this, Mr.Kodekar, learned Additional Public Prosecutor, has
read the order passed by the learned trial Court and vehemently
opposed the present application.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. Looking to the facts of the
case and papers produced before me, I am inclined to release the
applicant on regular bail.
Learned
counsel for the parties do not press for a reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicant is ordered to be released on bail in connection with
CR No.I-85 of 2009 registered with Matar Police Station for the
offences alleged against him in this application on his executing a
bond of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that he shall,
(I) not
take undue advantage of his liberty or abuse his liberty;
(ii) not
act in a manner injurious to the prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) furnish
the present address of residence to the Investigating Officer as well
as to the Court at the time of furnishing bond and shall not change
his residence till further orders;
(v) Surrender
his passport, if any, to the lower Court within a week;
(vi) maintain
law and order;
The
Authority will release the applicant only if he is not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or 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.
(Z.
K. Saiyed, J)
Anup
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