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CR.MA/6331/2011 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6331 of 2011
===============================================
HITESH
@ HITIYO MATHURBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
===============================================
Appearance :
MR
GAURANG R MANAV for Applicant(s) : 1,
MR LB DABHI APP for
Respondent(s) : 1,
===============================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/05/2011
ORAL ORDER
1. Rule.
Mr. Dabhi, learned APP waives service of Notice of Rule on behalf of
the respondent-State.
2. Heard
Mr. Manav, learned advocate for the applicant and Mr.Dabhi, learned
APP for the respondent-State.
3. This
application seeking regular bail under Section 439 of the Code of
Criminal Procedure, 1973 has been preferred by applicant in
connection with the offence registered with Shaher Kotda Police
Station, Ahmedabad bearing I CR No.325 of 2010 for the offence
punishable under Sections 457, 380 and 114 of I.P.C.
4. Mr.
Manav, leaned advocate for the applicant has submitted that the
present applicant was arrested only from the statement of co-accused,
however, during the course of remand, any mudamal article has not
been recovered or discovered from the applicant. Mr. Manav has
further submitted that there is no eye-witness to the incident and
the applicant has been arrested only on doubt. He has also submitted
that the other co-accused have already been released on bail and
therefore, present applicant may be released on bail.
5. The
application is opposed by Mr.Dabhi, learned APP, who has submitted
that still the investigation is going on and since the applicant
appears to be involved in the alleged offence, which is serious in
nature, the application deserves to be rejected.
6. Having heard
the learned counsel for both the sides and considering the facts and
circumstances of the case as well as the fact that there is no
eye-witness to the incident and the applicant is arrested only on the
basis of doubt and since other co-accused have already been released
on bail and having regard to the documents and other material
produced on record of this case, the gravity of the offence, the
quantum of punishment, the allegations against the applicant, the
manner in which the applicant is allegedly involved in the case, I am
of the view that the applicant deserve to be released on bail.
Therefore, I am inclined to allow this application and release the
applicant.
7.
Hence,
this application is allowed. It is directed that the present
applicant in connection with I CR No.325 of 2010 registered with
Sheher Kotda Police Station, Ahmedabad be released on bail, in
respect of the offences alleged against him in this application, on
his executing and furnishing a bond of Rs.10,000/- (Rupees: Ten
Thousand Only) with one solvent surety of like amount, by the
concerned Police Officer, and on condition that he shall:-
(a) not take
undue advantage of or abuse the liberty.
(b) not act in
manner injurious to the interest of the prosecution.
(c) maintain
law and order.
(d) not leave
the State of Gujarat without prior permission of the Sessions Court
concerned.
(e) furnish the
address of his residence at the time of execution of bond and shall
not change the residence without prior permission of the Sessions
Court/this Court.
(f) surrender
his passport, if any, to the lower court within 4 days from the date
of this order.
(g)
mark his presence at the Shaher Kotda Police Station, Ahmedabad on
13th
May, 2011 and
thereafter on every first and fifteenth day of every month,
between
11.00
a.m. to 3.00 p.m.
(h) not enter
the revenue limit of Ahmedabad taluka till the trial is over and for
6 months shall not enter revenue limits of Ahmedabad District without
prior permission of the Sessions Court, but for marking his presence
and attending the Court in connection with this case, the applicant
will be free to enter the limits for a period to the extent necessary
and will leave the limits of Ahmedabad District immediately after the
case is adjourned.
8. The
authorities will release the applicant only if he is not required in
any other offence for the time being.
9. If breach of
any of the above conditions is committed the Sessions Judge concerned
will be free to issue warrant or take any appropriate action in the
matter.
10. Bail-bond
before the lower Court having jurisdiction to try the case.
11. At the
trial, the trial Court shall not be influenced by the observations,
which are purely prima facie, tentative and preliminary nature and
have been made only for the purpose of examining prayer for bail
pending the trial. The Court shall arrive at its own conclusion
independently on the basis of the evidence and other aspects of the
case.
12. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(K.M. Thaker,
J.)
kdc
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