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CR.MA/2128/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2128 of 2010
=========================================================
JADEJA
NATHABHAI JIVABHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PREMAL R JOSHI for
Applicant(s) : 1,
MS TRUSHA K PATEL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 16/03/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-40 of 2007 registered at Pradyuman Nagar Police Station,
Rajkot for the offence punishable under Sections 224, 225-A, 225,
468, 471, 419 and 120(B) of the IPC. In the facts and circumstances
of the case and by consent of both the sides, this application is
taken up for hearing today.
2. Learned
advocate Mr Premal R Joshi for the applicant submitted that the
applicant has not committed any offence as alleged in the FIR and he
is an innocent person. Considering the role attributed to the
applicant which is reflected in the FIR, he deserves to be enlarged
on bail.
3. Ms
Trusha K Patel, learned APP for the State, while opposing the bail
application, submitted that the applicant is involved in the
commission of offence punishable under Sections 224, 225-A, 225, 468,
471, 419 and 120(B) of the IPC. Considering the role attributed to
the applicant and the manner in which the offence of forgery is
committed by the applicant along with the other accused persons, no
discretionary relief be granted to the applicant and the application
deserves to be rejected.
4. I have
heard learned advocate Mr Premal R Joshi for the applicant and Ms
Trusha K Patel, learned APP for the State at length and in great
detail. I have also considered the role attributed to the applicant
as reflected in the FIR, police papers, provisions of Sections 224,
225-A, 225, 468, 471, 419 and 120(B) of the IPC, quantum of
punishment, gravity of the offence, etc. and considering the same, I
am of the view that the applicant deserves to be enlarged on bail in
the peculiar facts and circumstances of the case. However, stringent
terms and conditions are required to be imposed on the applicant
while enlarging the applicant 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 CR
No. I-40 of 2007 registered at Pradyuman Nagar Police Station, Rajkot
on executing a bond of Rs.20,000/- [Rupees twenty 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 Ahmedabad District, except attending the Court proceedings,
without the prior permission of the Sessions Court concerned;
[e] mark
his presence at Sarkhej Police Station twice in a month i.e. on every
1st and 15th day of every 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.]
mrpandya
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