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CR.MA/149/5308 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14953 of 2008
=========================================================
JAYESH
@ SHAILESHBHAI NADIYADRA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
DHARMESH
D NANAVATY for
Applicant(s) : 1,
MR
SP HASURKAR, APP for Respondent(s)
: 1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 01/12/2008
ORAL
ORDER
1. Heard
learned advocate for the applicant and learned APP Mr.S.P.Hasurkar
for respondent State.
2. Rule.
Mr.Hasurkar, learned APP waives service of rule on behalf of
respondent State.
3. This
application is filed by the applicant under Section 439 of the Cr.PC
for releasing him on regular bail in connection with the offence
registered vide CR No. I-97 of 2008 at Jetpur Taluka Police Station
for the offences punishable under Sections 376, 452 and 506 of IPC.
4. The
learned advocate for the applicant has submitted that the applicant
is falsely involved in this case. He read the order passed by the
trial Court and prayed to release the applicant on regular bail.
5. As
against this, learned APP Mr. Hasurkar has strongly opposed this
application and read the order passed by the trial Court.
6. I
have gone through the order passed by the trial Court as well as the
papers produced on record of the case. Looking to the allegations
levelled against the applicant, I am inclined to release him on
regular bail.
7. Learned
advocates for the parties do not press for reasoned order.
8. Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with I-CR No.97 of 2008 registered at Jetpur Taluka Police Station
for the offences alleged against him in this application on his
executing a bond in sum of Rs.10,000/- (Rupees Ten thousand only)
with one solvent surety of the like amount to the satisfaction of the
lower 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) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(d) mark
presence before the concerned police station on the 15th
day of every month between 11.00 a.m. and 5.00 p.m. till framing up
of charges;
(e) furnish
the 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 the residence
without prior permission of this Court;
(f) surrender
his passport, if any, to the lower Court within a week.
8. not
enter into the local/revenue limits of the area where the incident
has occurred without prior permission of this Court, but for
attending the Court in connection with this case he will be free to
enter the limits for a period to the extent necessary and will leave
the limits immediately after the case is adjourned;
9. The
authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
10. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
11. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
12. 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.
13. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(Z.K.Saiyed,
J.)
Sreeram.
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