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CR.MA/875/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 875 of 2010
=========================================================
KANJIBHAI
JIVABHAI MARU - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MINESH C DAVE for
Applicant(s) : 1,MR LALJIBHAI PARMAR for Applicant(s) : 1,
MS ML
SHAH, ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1,
MR MANISH R
RAVAL for
Complainant
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 24/02/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 by the applicant who came to be arrested in connection with CR
No. I 120 of 2009 registered with Sayla police station for the
offence punishable under Sections 306, 498-A and 114 of Indian Penal
Code.
Learned
advocate Mr. M.C.Dave for the applicant submitted that the applicant
is an innocent person and he has been falsely implicated in the
alleged commission of offence. Considering the role attributed to the
applicant which is reflected in the FIR at Annexure:A to the
application, the applicant deserves to be enlarged on bail.
Learned
APP Ms. M.L. Shah, representing the opponent-State, while opposing
the bail application, submitted that the applicant is involved in the
commission of offence punishable under Sections 306, 498-A and 114
of IPC. Considering the role played by the applicant and the manner
in which the offence is committed by the applicant along with other
accused, no discretionary relief be granted to the applicant and the
application be dismissed.
I
have heard the learned advocates of both the sides at length and in
great detail. Having considered the rival submissions and on perusal
of the averments made in the application, role attributed to the
applicant which is reflected in the FIR, provisions of sections 306,
498-A and 114 of IPC and quantum of punishment etc., I am of the
view that the applicant deserves to be enlarged on bail without
discussing the evidence in detail.
For the
foregoing reasons, the application is allowed and the applicant is
ordered to be enlarged on bail in connection with CR No. I 120 of
2009 registered with Sayla Police Station on executing a bond of
Rs.20,000/- [Rupees twenty 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 1st and
15th of every 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.
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 to the aforesaid extent.
Direct
service is permitted.
[H.B.
Antani, J.]
pirzada/-
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