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CR.MA/215/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 215 of 2010
=========================================================
JAMALBHAI
BABUBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
NK MAJMUDAR for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/02/2010
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 94 of 2009 registered at Palanpur Taluka Police Station
for the offence punishable under Sections 406, 366, 386 and 506(2) of
the Indian Penal Code. 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 NK Majmudar for the applicant submitted that the
applicant is an innocent person and he has been falsely involved in
the alleged commission of offence punishable under Sections 406, 366,
386 and 506(2) of the IPC. Considering the role which is played by
the applicant as reflected in the FIR at Annexure-A to the petition,
the applicant deserves to be enlarged on bail.
3. Learned
Additional Public Prosecutor, Ms ML Shah for the State, while
opposing the bail application, submitted that the applicant is
involved in the offence punishable under Sections 406, 366, 386 and
506(2) of the IPC. Considering the alleged role of the applicant and
the manner in which the offence is committed by the applicant, no
lenient view can be taken in the matter and the application deserves
to be dismissed.
4. I have
heard learned advocate Mr NK Majmudar for the applicant and learned
APP, Ms ML Shah for the State at length and in great detail.
Considering the averments made in the application, the role
attributed to the applicant which can be seen from the FIR at
Annexure-A to the petition, provisions of Sections 406, 366, 386 and
506(2) of the IPC, quantum of papers, police papers, statement of
witnesses, etc., 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 CR
No. I 94 of 2009 registered at Palanpur Taluka Police Station 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.]
mrpandya
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