Gujarat High Court Case Information System
Print
CR.MA/13225/2009 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13225 of 2009
=========================================================
KARIM
@ DUNGO IBRAHIM NOORMAMAD JUNEJA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MTM HAKIM for
Applicant(s) : 1,
MS. KRINA CALLA, ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 03/02/2010
ORAL
ORDER
This
application is preferred under Section 439 of Criminal Procedure
Code, 1973, seeking regular bail by the applicant, who came to be
arrested in connection with I-CR-NO-216/2009 registered with
Jamnagar City (B Division) Police Station for the offence punishable
under Section 399 of Indian Penal Code.
Mr.MTM
Hakim, learned advocate for the applicant submitted that the the
applicant is an innocent person and he has not committed any
offence as alleged against him and he has been falsely involved in
the commission of offence. Learned advocate has placed reliance on
FIR and further submitted that considering the role of the applicant
along with the other accused, he has not committed the offence as
allged in the FIR, and therefore, it is
a fit case that applicant is entitled to be released on bail.
Learned
Additional Public Prosecutor, Ms. Krina Calla, representing the
respondent-State, while opposing the bail application, submitted
that considering the role attributed to the applicant and the manner
in which he has committed the alleged offence and considering the
past antecedents wherein the applicant is involved in about 62
offence, no discretionary relief be granted to the applicant and the
application deserves to be dismissed.
Having
considered the rival submissions canvassed by the learned counsel
for the parties, role attributed to the applicant, which is
reflected in the FIR at Annexure-A, provisions of Section 399 of
Indian Penal Code, quantum of punishment etc., past antecedents, and
the manner in which he is alleged to have committed the offence, I
am of the view that the applicant deserves to be enlarged on bail.
However, stringent terms is required to be imposed.
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 I-CR-NO-216/2009 registered with Jamnagar City (B
Division) 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
enter the local limits of Jamnagar District except for the purpose of
attending the court proceedings and for marking his presence at the
concerned police station, till the trial is over.
[b] not
take undue advantage of his liberty or abuse his liberty;
[c] not
act in a manner injurious to the interest of the prosecution;
[d] surrender
his passport, if any, to the lower Court within a week;
[e] not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[f] mark
his presence at the concerned police station twice in a month i.e. on
1st and 15th day of every English calendar
month between 9.00 AM and 2.00 PM. till the trial is over;
[g] 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;
[h] 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.)
Girish
Top