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CR.MA/8666/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8666 of 2010
=========================================================
LAXMAN
@ NANKO KHENGARBHAI MUNDHVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SIKANDER SAIYED for
Applicant(s) : 1,
MR HL JANI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/08/2010
ORAL
ORDER
Rule.
Learned APP Mr. Trivedi waives service of Rule on behalf of the
respondent State. The present application is filed by the
applicant under Section 439 of the Code of Criminal Procedure, 1973,
for enlarging him on regular bail in connection with the offence
being CR No. I 300 of 2009 registered with Thorada Police
Station, Dist. Rajkot, for the offences u/s. 394, 114, 188 of I.P.
Code.
Heard
learned Advocate for the applicant and learned A.P.P. for the
respondent – State. Learned Advocate for the applicant has contended
that the applicant is arrested on the statement of co-accused and he
is not identified. He has contended that there is no recovery or
discovery from at the instance of the applicant. I have also perused
the papers produced before me. Learned APP has vehemently opposed
this application. However, both the parties do not press for any
reasoned order.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses,
gravity of the offence and quantum of punishment, I am inclined to
grant bail to the applicant.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I – 300 of 2009
registered with Thorada Police Station, Dist. Rajkot, for the
offences alleged against him in this application on his executing a
Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent
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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) shall
mark his presence before the concerned Police Station once in a month
i.e. on 15th of every english calender month till the
trial against him is completed.
h) surrender
his passport, if any, to the lower Court within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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