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CR.MA/5649/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5649 of 2010
=========================================================
JITESH
VALLABHBHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARSHIT S TOLIA for
Applicant(s) : 1,
MR AJ DESAI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/06/2010
ORAL
ORDER
Rule.
Mr.A.J. Desai, learned Additional Public Prosecutor, waives service
of Rule on behalf of State.
Heard
Mr.Harshit Tolia, learned advocate for the applicant and Mr.A.J.
Desai, learned Additional Public Prosecutor, for State.
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with the offences registered with Jetpur City Police
Station, Rajkot Rural being CR No.I-66 of 2010 for the offences
punishable under Sections 457 and 380 of the Indian Penal Code.
Mr.Tolia,
learned advocate for the applicant, has submitted that the applicant
is innocent person and is falsely involved in this case. He read the
order passed by the trial Court and prayed to release the applicant
on regular bail.
As
against this, Mr.Desai, learned Additional Public Prosecutor, has
strongly opposed the present application and read the order passed
by the trial Court.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. Looking to the allegations
levelled against the applicant, applicant is required to be released
on regular bail.
Learned
advocates for the parties do not press for reasoned order.
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 applicant is ordered to be released on bail in connection with
CR No.I-66 of 2010 registered with Jetpur City Police Station,
Rajkot Rural for the offences alleged against him in this
application on his executing bond 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,
(i) not
take undue advantage of his liberty of abuse his liberty;
(ii) not
act in a manner injurious to the the prosecution;
(iii)
not leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) Surrender
his passport, if any, to the lower Court within a week;
The
Authority will release the applicant only if he is not required in
connection with any other offence for the time being.
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.
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.
(Z.
K. Saiyed, J)
Anup
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