Gujarat High Court Case Information System
Print
CR.MA/1965/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1965 of 2011
==================================================
MANOJ
JIVABHAI MORASIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==================================================
Appearance :
MS
BANNA S DUTTA for Applicant
Mr.
A.J. Desai, APP,
for respondent
No.1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/03/2011 ORAL ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-241 of 2010 with Varachha police station, Surat for the
offences punishable under Sections 394, 188 and 114 of the Indian
Penal Code.
The
learned counsel for the applicant submits that the investigation is
over and charge sheet is filed. He, therefore, submits that this
application for bail may kindly be considered.
The
learned Additional Public Prosecutor has opposed grant of bail
looking to the nature and gravity of offence.
In
the facts and circumstances of the case and considering the nature of
allegations and role attributed to the applicant, without
discussing the evidence in detail, prima facie, this Court is of the
opinion that this is a fit case to exercise the discretion to enlarge
the applicant on bail.
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-241 of 2010 with
Varachha police station, Surat on his 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
i. not
take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his 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
his presence at the concerned police station on the first Sunday of
every month between 10 a.m. And 3 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
not enter the limits of Surat District for six months
The
Authorities will release the applicant only if he is 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.)
(swamy)
Top