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CR.MA/270/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 270 of 2011
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KASAMBHAI
IBRAHIMBHAI MASRU - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
JV JAPEE for Applicant(s) : 1,
MR DC SEJPAL APP for Respondent(s)
: 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/01/2011
ORAL
ORDER
Rule.
Mr. learned APP, waives service of notice of Rule for respondent –
State.
This
successive bail application is filed under Section 439 of the Code
of Criminal Procedure in connection with first information report
registered at CR No.I 41/2010 with Jadar Police Station, for the
offences punishable under Sections 307 and 504 of the Indian Penal
Code and under section 135 of the Bombay Police Act.
Learned
counsel appearing for the applicants submits that charge
sheet is filed. He further submits that the
applicant has roots in the society, will not flee from justice and
will cooperate with the investigation as and when called for. It is
further submitted that considering the allegations levelled against
the applicant and role attributed to him, the applicant may
be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact that
charge sheet is filed, without discussing the evidence in
detail, at this stage, I am inclined to enlarge the applicant on
bail.
Learned
counsel for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at C.R. No.I 41/2010 with
Jadar Police Station on executing a bond of Rs.5,000/- (Rupees Five
thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
he shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
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 the
residence without prior permission of this Court;
shall
remain out of Idar Taluka for 3 months except for marking present;
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned 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. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
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