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CR.MA/7836/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7836 of 2008
In
CRIMINAL
MISC.APPLICATION No. 6955 of 2008
=========================================================
HEMATSANGH
MAVSANG UMAT - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance
:
MR
NIKHIL S KARIEL for
Applicant : 1,
MS MEETA PANCHAL ADDL PUBLIC PROSECUTOR for
Respondent:
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 19/06/2008
ORAL
ORDER
Rule.
Ms. Panchal, learned APP waives service of Rule on behalf of
respondent State. By consent, Rule is fixed forthwith.
The
application is filed for appropriate orders as the trial Court did
not release the applicant on bail despite order of this Court made
in Criminal Misc. Application No. 6955 of 2008 on 17.6.2008 ordering
applicant’s release on bail on his executing a bond of Rs.5000=00
(Rs. Five Thousand only) with one surety of the like amount to the
satisfaction of the lower Court and subject to the conditions
mentioned in the said order.
Shri
Kariel, learned counsel appearing for the applicant submitted that
the trial Court did not release the applicant when the applicant was
required to be enlarged on bail pursuant to the order dated
17.6.2008 passed by this Court in Criminal Misc. Application No.
6955 of 2008 on the ground that there is no order of the High Court
for enlarging the applicant on bail so far as Section 467 of IPC is
concerned, as applicant accused is also charged with committing
offence punishable under Section 467 of IPC. Shri Kariel submitted
that learned trial Court ought to have appreciated the fact that
this Court clearly ordered applicant’s release and granted him bail
in connection with I.CR. No. 81 of 2006 registered with Vallabhipur
Police Station on his executing a bond of Rs.5000=00 (Rs. Five
Thousand only) with one surety of the like amount to the
satisfaction of the lower Court and therefore, the applicant ought
to have been released by learned Magistrate in due compliance with
the order of this Court as the applicant was required to be
released in connection with I.CR. No. 81 of 2006 registered with
Vallabhipur Police Station. Shri Kariel further submitted that the
typographical error of mentioning Section 466 instead of Section 467
cannot be said to be a ground for not releasing the applicant when
in the operative part of the order, this Court has observed that the
applicant is required to be released on bail in connection with
I.CR. No. 81 of 2006 registered with Vallabhipur Police Station.
Shri Kariel has also submitted that the Hon’ble Court while
releasing the applicant on bail has taken into consideration all the
material placed on record and applicant has placed on record the
chargesheet papers and FIR also and therefore, the operative part of
the order dated 17.6.2008 is clear and trial Court ought not to have
declined the release of applicant.
Ms.
Panchal, learned APP fairly submitted that the trial Court ought to
have appreciated the operative portion and release the applicant on
bail.
This
Court is of the considered view that the trial Court ought to have
released the applicant-accused pursuant to the order dated
17.6.2008 passed by this Court in Criminal Misc. Application No.
6955 of 2008. The operative portion made in Criminal Misc.
Application No. 6955 of 2008 is absolutely clear, which was passed
after taking into consideration the documents produced on record
including the chargesheet papers, FIR, wherein Section 467 of IPC
figures and earlier orders.
The
present application is disposed of with following direction :
The
trial Court i.e. Learned JMFC, Vallabhipur is hereby specifically
directed to carryout the order dated 17.6.2008 made in Criminal
Misc. Application No. 6955 of 2008 and release the applicant
forthwith in connection with I.CR. No. 81 of 2006 registered with
Vallabhipur Police Station for the offences punishable under
Sections 465, 467, 468, 471 read with Section 471 of the IPC on
same terms and conditions mentioned in order dated 17.6.2008 on his
executing a bond of Rs.5000=00 (Rs. Five Thousand only) with one
surety of the like amount to the satisfaction of the lower Court as
per order dated 17.6.2008.
The
application stands disposed of accordingly. Rule is made absolute.
Direct service permitted today.
(S.R.BRAHMBHATT,
J.)
pallav
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