Gujarat High Court Case Information System
Print
CR.MA/14370/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14370 of 2010
=================================================
LAHERULAL
MISHRILAL MARWADI (ACHARYA) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR SV RAJU
Senior Advocate for SV RAJU ASSOCIATES for
Applicant(s) : 1,
MR KARTIK PANDYA APP for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/12/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 99 of 2005 with Sayla Police Station, for the offences
punishable under Sections 365, 368, 385, 506(2), 323, 120(B) etc. of
the Indian Penal Code.
Mr
SV Raju, learned Senior Advocate appearing for the applicant submits
that allegations against the applicants are to the extent he is
involved in the crime punishable under sections 365, 368, 385,
506(2), 120-B of IPC. So far as other accused are concerned, charge
sheet was filed on 21.03.2006 wherein the applicant is shown as
absconder. It is further submitted that as per the allegations, the
applicant was found near the guest house and considering the nature
of punishment, the applicant cannot be denied bail only on the
ground that his name is shown in Column No.2 of the charge sheet.
Mr.
Kartik Pandya, learned APP would submit that if the applicant is
enlarged on bail, the applicant is likely to commit similar offences
and that he has not surrendered before the Investigating Agency
itself is sufficient to deny bail. He further submits that
considering the record, prima facie material and allegations
levelled against the applicant, bail may not be granted to the
applicant only on the sole ground that he had not surrendered in
time.
Having
heard learned counsel for the parties and perusing the record of the
case and considering the nature of allegations, role attributed to
the accused and punishment prescribed for the alleged offences, 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 99 of 2005
with Sayla 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. till the trial is
commenced;
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;
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
Top