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CR.MA/1632/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1632 of
2010
=========================================================
MANSING
SURPAL PANDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
KRISHNA U MISHRA for
Applicant(s) : 1,
MS TK PATEL, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 04/03/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with I-C.R.No.66 of 2009 registered at Dehgam Police
Station, Gandhinagar for the offences punishable under sections 395
and 397 of Indian Penal Code as well as under section 135 of the
Bombay Police Act.
The
learned advocate Ms.Krishna Mishra for the applicant submitted that
applicant is an innocent person and false case is foisted on him.
Considering the role attributed to the applicant which is reflected
in First Information Report at Annexure-A to the application, he
deserves to be enlarged on bail.
Learned
APP Ms.TK Patel resisted the application and submitted that
considering the role attributed to the applicant and the manner in
which offence is committed by the applicant, no discretionary relief
be granted and the application deserves to be dismissed.
I
have heard learned advocate Ms.Krishna Mishra for the applicant and
Ms.TK Patel, learned Additional Public Prosecutor for respondent
State at length and in great detail.
Having
considered the rival submissions and on perusal the role attributed
to the applicant and since the muddamal article in question is
already recovered, the applicant, in my view, deserves to be
enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.66 of 2009 registered at Dehgam Police Station, Gandhinagar
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 calender 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.
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.
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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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