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CR.MA/15051/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15051 of 2010
=========================================================
MANOJSINH
BRIJPALSINH CHAUHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PINAKIN M RAVAL for
Applicant(s) : 1,
MR DC SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 23/12/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Code of Criminal Procedure, 1973 after the
charge-sheet is filed.
2. The
applicant accused is charged with having committed offence under
Sections 120B, 465, 467, 468, 471 of I.P.Code and under Section 25(1)
B, A of the Arms Act for which FIR being I.C.R.No. 23 of 2010 has
been registered with D.C.B.Police Station, Ahmedabad city.
3. Learned
Advocate Mr. Pinakin Raval submitted referring to the FIR that the
role attributed to the applicant is that he had played a role in
preparation of forged licence which has been recovered. However,
there is no recovery discovery of the weapon as has been recovered
from the other co-accused. He, therefore, submitted that as
investigation is over and charge-sheet is filed, present application
may be allowed.
4. Learned
APP resisted the application and submitted that as stated in the FIR
itself, he had got the forged licence prepared which has also been
referred suggesting prima facie role or the involvement and therefore
it cannot be said that he is not involved as there is no recovery of
weapon. But, there is recovery of forged licence which prima facie
suggest about the involvement and the conspiracy. Further, he
submitted that the applicant belongs to U.P. and if he is released,
his presence may not be secured.
5. Having
heard the learned Advocate Mr. Raval and learned APP Mr. Sejpal and
having considered the nature of offence, role attributed and also
considering the fact that the charge-sheet has now been filed,
present application deserves to be allowed. However, the apprehension
voiced by learned APP about his presence is also required to be
considered by imposing suitable condition. Therefore, the application
deserves to be allowed subject to the conditions hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being
I.C.R.No. 23 of 2010 registered with D.C.B.Police Station, Ahmedabad
city, on his executing a bond of Rs.5,000/- (Rupees Five Thousand)
with one solvent surety of the like amount to the satisfaction of the
lower 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) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
(h) not
leave the boundary of the State of Gujarat without the prior
permission of the trial Court.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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