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CR.MA/11871/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11871 of 2011
======================================
JITENDRABHAI
THAKOREBHAI CHAUDHARY - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
SHAKEEL A QURESHI for Applicant(s) : 1,
MR MAULIK NANAVATI
ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/09/2011
ORAL
ORDER
Leave
to amend.
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.12 of 2011 registered at ACB Police Station, Surat for the
offence punishable under Sections 7, 13(1) (D) and 13(2) of the
prevention of Corruption Act.
2. Learned
advocate Mr. Shakeel Qureshi, learned advocate for the applicant
submitted that the applicant is an innocent and he has been wrongly
roped in the prosecution case. He also submitted that the applicant
has been working sincerely, honestly and diligenty as Sanitary Sub
Inspector and his work has been appreciated by the Commissioner of
Suarat Municipal Corporation. He also submitted that looking to the
quantum of punishment for the alleged offence under the provisions of
Prevention of Corruption Act, would be 7 years. There are several ACB
Cases is pending before the trial Court. The applicant is only bread
winner in his family. Therefore, he prayed to enlarge the applicant
by imposing suitable conditions.
3. Learned
APP Mr. Maulik Nanavati for the State strongly opposed the bail
application of the applicant. He submitted that the applicant being
public servant involved in the serious offence under the provisions
of Prevention of Corruption Act and therefore, considering the
gravity of the offence, seriousness of the offence,, discretion may
not be exercised in favour of the applicants.
4. Parties
do not press for reasoned order.
5. I
have perused the papers and from the record, it appears that presence
of the applicant is secured as he is public servant. Having
considered the rival submissions and on perusal of the role
attributed to the applicants as reflected in the FIR, police papers,
provisions under the Prevention of Corruption Act, quantum of
punishment etc., I am of the view that the applicants deserve to be
enlarged on bail. At the stage of bail, this Court is not going into
merit of the case.
6. 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. 12 of 2011 registered at ACB Police Station, Surat on his
executing 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) 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;
g) surrender
his passport, if any, to the lower Court within a week.
7. 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.
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. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
10. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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