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CR.MA/7111/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7111 of 2010
=========================================
KALABHAI
VIRABHAI VAJA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
SUNIL C PATEL for Applicant(s) : 1 - 4.
MR AJ DESAI ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 16/07/2010
ORAL
ORDER
Rule. Learned
APP Mr. Desai waives service of Rule on behalf of the respondent
State.
This
application is filed by the applicants under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with the offences registered with Prabhas Patan Police
Station being CR No.I- 57 of 2010 for the offences punishable under
Sections 302, 326, 323, 504 and 114 of the Indian Penal Code.
Learned
counsel for the applicants, has submitted that he does not press this
application for applicants No.1 to 3. This application may be
considered only for applicant No.4 for purpose of bail. He submitted
that the applicant is innocent person and is falsely involved in this
case. There is no role attributed to the applicant No.4 and the said
applicant is a lady accused is involved along with other accused
applicants No.1 to 3. Therefore, the applicant may kindly be enlarged
on bail.
As against
this, Mr. Trivedi, learned Additional Public Prosecutor, has strongly
opposed the present application and read the order passed by the
trial Court. Learned APP
submitted that the applicants are involved in the serious offence
punishable under Sections 302, 326, 323, 504 and 114 of the Indian
Penal Code. Considering the role attributed to the applicant along
with other accused and the nature of the offence, no discretionary
relief be granted to the applicants and the application be dismissed.
I have gone
through the order passed by the trial Court as well as papers
produced on record of the case and there is no direct evidence
against the applicant, therefore, the 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 No.4 is ordered to be released on bail in connection
with CR No. I – 57 of 2010 registered with Prabhas Patan Police
Station for the offences punishable under Sections 302, 326, 323, 504
and 114 of the Indian Penal Code for the offences alleged against her
in this application, on her 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
she shall,
[a] not take
undue advantage of her liberty or abuse her liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] surrender
her 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] furnish the
present address of her residence to the I.O. and also to the Court at
the time of execution of the bond and shall not change her residence
without prior permission of this Court;
[f] maintain
law and order.
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.
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 qua the applicant No.4 only and Rule is discharged qua the
applicants No.1 and 3 as the application of the applicants No.1 to 3
is not pressed. Direct Service is permitted.
(Z. K.
Saiyed, J)
ynvyas
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