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CR.MA/1114/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1114 of
2010
=========================================
MANOJKUMAR
@ MIHIR BHIKHABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
SATISH R PATEL for
Applicant(s) : 1,
MS. MANISHA L. SHAH, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 19/02/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant for regular bail, who has been
arrested, in connection with F.I.R. registered as C.R. No.- M Case
No. 8 of 2009 with Padra Police Station for the offence punishable
under Sections 363 and 366 of the Indian Penal Code and subsequently
Section 376 of the Indian Penal Code was added.
2. Learned
Advocate for the applicant submitted that the applicant is an
innocent person and false case is foisted on him. He further
submitted that considering the role attributed to the applicant which
is reflected in the F.I.R. at Annexure-A to the application, he
deserves to be enlarged on bail.
3. Learned
A.P.P. Ms. Manisha L. Shah representing the State, while opposing the
bail application, submitted that the applicant is involved in the
offence punishable under Sections 363, 366 and 376 of the Indian
Penal Code. Considering the role played by the applicant which is
reflected in the F.I.R. at Annexure-A to the application and the
manner in which the offence is committed by him, no discretionary
relief be granted to the applicant and the application deserved to be
dismissed.
4. I
have heard learned Advocate Mr. Satish R. Patel appearing for the
applicant and learned A.P.P. Ms. Manisha L. Shah appearing for the
State at length and in great detail. I have considered the rival
submissions, averments made in the application, role attributed to
the applicant which is reflected in F.I.R. at Annexure-A to the
application, provisions of Sections 363, 366 and 376 of the Indian
Penal Code, quantum of punishment etc. and the order dated 27.01.2010
passed by the learned Additional Sessions Judge, F.T.C. No.2,
Vadodara in Criminal Misc. Application No. 114 of 2010. Considering
the aforesaid aspect, I am of the view that the applicant deserves to
be enlarged on bail in the peculiar facts and circumstances of the
case without discussing the evidence in detail.
5. 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 C.R. No.- M Case No. 8 of 2009 registered at Padra Police
Station on executing a bond of Rs. 10,000/- (Rupees ten 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
take undue advantage of his liberty or abuse his liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
his passport, if any, to the lower court within a week.
(d) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) mark
his presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
(f) 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;
(g) maintain
law and order.
6. 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.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,J.)
Shekhar
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