Gujarat High Court Case Information System
Print
CR.MA/103/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 103 of
2010
=========================================================
KANUJI
@ KHALI AMAJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HEMANT B RAVAL for
Applicant(s) : 1,
MS KRINA CALLA ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/01/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who came to be arrested in
connection with I-C.R.No.113 of 2009 registered at Sector 21
Gandhinagar Police Station, District Gandhinagar for the offences
punishable under sections 394, 395, 442, 452 and 506(2) of Indian
Penal Code, under section 25(1)(A) of the Arms Act as well as under
section 135(1) of the Bombay Police Act.
The
learned advocate Mr.Hemant Raval for the applicant submitted that as
per the complaint which is at Annexure-A to the application, four
persons were involved in the alleged commission of offence and their
faces were not visible to the complainant as they were covered with
handkerchief. He further submitted that considering the role played
by the applicant and reflected in First Information Report
(Annexure-A to the application), the applicant deserves to be
enlarged on bail. Learned advocate for the applicant has placed
reliance on the order passed by this Court in Criminal Miscellaneous
Application No.13969 of 2009 dated 23.12.2009 and submitted that
even on the ground of partiy also the applicant deserves to be
enlarged on bail.
Learned
APP Ms.Krina Calla representing State while opposing the bail
application submitted that applicant is involved in commission of
offence punishable under sections 394, 395, 442, 452 and 506(2) of
Indian Penal Code, under section 25(1)(A) of the Arms Act as well as
under section 135(1) of the Bombay Police Act. considering the role
played by the applicant along with other accused persons, no
discretionary relief be granted to the applicant and application
deserves to be dismissed.
Having
considered rival submissions and on perusal of the averments made in
the application, role attributed and reflected in First Information
Report at Annexure-A to the application as well as on perusal of
order passed in Criminal Miscellaneous Application NO.13969 of 2009
dated 23.12.2009, I am of the view that applicant, even on the
ground of parity, deserves to be granted bail as prayed for in the
application.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.113 of 2009 registered at Sector 21 Gandhinagar Police
Station, District Gandhinagar on executing a 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 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 any day of
every first week of English calender 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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
Top