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CR.MA/15339/2010 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15339 of 2010
=========================================================
IRSADBI
W/O BASARAT ALI G SAIYED & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
ASIFKHAN I PATHAN for
Applicant(s) : 1 - 2.
MR AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/02/2011
ORAL
ORDER
The
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.168/2010 with Salabatpura Police Station for the offences
punishable under Sections 452, 342, 394, 397, 302, 188 and 114 of
Indian Penal Code.
Learned
Advocate for the applicants submitted that the charge-sheet is filed
and the applicants are mother and daughter respectively against whom
it is alleged that they entered into a conspiracy for the crimes
recorded the FIR. Learned Advocate has placed reliance on the order
dated 31.01.2011 passed in Criminal Miscellaneous Application
No.15742/2010 by the learned Single Judge and submitted that the
applicants are co-accused and their role in commission of crimes is
similar to that of the accused who is already enlarged on bail.
Besides, it is submitted that when investigation is over, even the
statement recorded of the co-accused may not be gone into while
exercising powers under Section 439 of the Code.
Heard
learned APP for the respondent-State.
Having
heard learned Counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact that now
the charge-sheet is already filed and the other co-accused is
already enlarged on bail, I deem it just and proper to enlarge the
applicants 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 applicants are ordered to be released on bail in connection
with First Information Report registered as I-C.R. No. 168/2010 with
Salabatpura Police Station 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
they 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)
furnish the present address of their 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;
The
authorities will release the applicants 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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