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CR.MA/1029/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1029 of 2010
=========================================================
HIMABHAI
NURABHAI PARMAR (ADIVASI) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ARPIT A KAPADIA for
Applicant(s) : 1,
MS ML SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/02/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicant, who has been arrested in
connection with F.I.R. registered as C.R.No.I 31 of 2002 with
Bhachhau Police Station, Kachchh for the offence punishable under
Sections 395 and 397 of the Indian Penal Code.
2. Learned advocate
Mr.Arpit A. Kapadia for the applicant,
at the outset, submitted that the applicant has not committed any
offence as alleged against him. Considering the role attributed to
the applicant which is reflected in the F.I.R. at Annexure A to the
application, he deserves to be enlarged on bail.
3. Learned A.P.P.
Ms.M.L. Shah, representing the respondent-State, while opposing the
bail application, submitted that considering the role attributed to
the applicant and the manner in which the alleged offence is
committed by him, no discretionary relief be granted to him and the
application be dismissed.
4. I have heard learned
advocate Mr.Arpit A. Kapadia for the
applicant and learned A.P.P. Ms.M.L. Shah for the respondent-State at
length and in great detail. Considering the rival submissions, role
attributed to the applicant, provisions of Sections 395 and 397 of
the Indian Penal Code, police papers, quantum of punishment and
considering the fact that nothing is recovered from the applicant, 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
C.R.No.I 31 of 2002 registered at Bhachhau Police Station, Kachchh
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 applicant on bail.
9. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Hitesh
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