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CR.MA/15641/2010 3/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15641 of 2010
=========================================================
HITESH
RANABHAI KARAVDRA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
ND NANAVATI with MR RUTURAJ NANAVATI
for Applicant(s) : 1,
MR
AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) : 1,
MR
MC BAROT for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/03/2011
ORAL
ORDER
RULE.
Learned APP, waives service of notice of Rule for the respondent
State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.70/2010 with Kamlabag Police Station, Porbandar for the
offences punishable under Sections 344, 347, 365, 380, 397, 386,
465, 467, 468, 471, 307 and 120(B) of Indian Penal Code.
Mr.
N.D. Nanavati learned Senior Counsel submits that the applicant is
accused no.1 and is alleged to have played a vital role in
commission of the above crimes. It is submitted that so far as the
applicant is concerned, the role attributed to him by and large is
similar to that of the accused nos.2,3,4,6,7 and 8 and the learned
Judges of this Court have enlarged the co-accused on bail and the
orders passed by this Court are produced on record. It is submitted
that as early as on 26.08.2010 vide order passed in CR.MA
No.9881/2010 (Coram : Z.K. Saiyed, J.), order dated 22.09.2010
passed in CR.MA No.10481/2010 (Coram : R.H. Shukla, J.) order dated
28.10.2010 passed in CR.MA No.12728/2010 (Coram : R.H. Shukla, J.)
order dated 23.11.2010 in CR.MA No.13987/2010, order dated
02.12.2010 in CR.MA No.13890/2010, order dated 20.09.2010 in CR.MA
No.1422/2010 by this Court and order dated 11.01.2011 in CR.MA
No.15683/2010 (Coram : Akil Kureshi, J.). Thus, it is submitted
that the applicant against whom now the investigation is over,
charge-sheet is filed and documents are in safe custody and there is
no likelihood of tampering with such documents and even considering
the role attributed to the applicant at the instance of the
complainant, whose version in the complaint is highly improbable as
noticed by this Court in earlier orders and by imposing suitable
conditions, he may be enlarged on bail.
Learned
Advocate Mr. M.C. Barot and learned APP Mr. A.J. Desai opposed the
grant of bail and submitted that the involvement of the accused
applicant herein is on a different pedestal in as much as the
applicant is the main accused at whose behest the offences are
alleged to have been committed. It is further submitted that though
the other co-accused were also involved in the crimes, they had a
different role to play under the influence of the applicant and a
huge amount is involved for which transactions have taken place and
properties have changed as well as the ownership and title and
hence, the accused may not be enlarged on bail. Besides, it is also
apprehended that the informant is facing danger to his life.
Considering
overall facts and circumstances of the case, perusal of the relevant
records and submissions made by the learned Advocate, I am of the
opinion that the role of the applicant accused is by and large
similar to that of the other co-accused who have been already
enlarged on bail and considering, what has been recorded in earlier
orders about the improbable version of the informant about his
confinement for a period of two years alongwith other attending
circumstances that in the documents / deeds etc., nowhere the
signature of the applicant is noticed and except the statement of
the purchasers of pay the cash amount, nowhere the applicant is
alleged to have received the money. By imposing suitable
conditions, there will be no harm to record or possibility of
influencing the witness, I am inclined the enlarge the applicant on
bail.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.70/2010 with
Kamlabag Police Station, Porbandar, on executing a bond of
Rs.5,000/- (Rupees Five 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 liberty or misuse liberty;
b)
not act in a manner injurious to the interest of the prosecution;
c)
surrender passport, if any, to the lower court within a week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
f)
furnish the present address of his residence to the Investigating
Officer and also to the Court at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
g)
That the accused applicant shall not enter the City and District
Limits of Porbandar for a period of three months only except, for
the purpose of attending the trial or marking presence.
The
authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned 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.
Sd/-
(Anant
S. Dave, J.)
Caroline
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