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CR.MA/98/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 98 of 2010
=========================================
MEHTA
PRASHANTKUMAR MANEKLAL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
ASHISH H SHAH for Applicant(s) : 1 - 2.
MR UA TRIVEDI ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/07/2010
ORAL
ORDER
This petition
is filed under section 439 of the Code of Criminal Procedure by the
applicants who have been arrested in connection with C.R. No. I – 169
of 2009 filed before the Kuvadva Road Police Station, District :
Rajkot for the offence punishable under sections 420, 406, 114, 407
and 120B of the Indian Penal Code.
Mr. Shah
learned advocate for the applicant submitted that the applicants are
innocent persons and a false case is foisted on them. He submitted
that considering the role attributed to the applicants and reflected
in the FIR at Annexure ‘A’ to the petition, this is a fit case to
enlarge the applicant on regular bail. He also contended that
initially the applicants were released on anticipatory bail then the
regular bail was rejected by the lower court and also time was given
and during the period given to the applicants, this application is
filed. The applicant is also present before the Court. He also
contended that the names of the applicant are not in the FIR and no
allegations are made. There is no overt act can be attributed to the
applicant. So, considering the above, the applicants may be enlarged
on bail.
As against the
aforesaid, learned APP Mr. Trivedi submitted that considering the
role played by the applicants, no discretionary relief can be granted
to the applicants. The applicants have involved in serious offence
and considering the gravity, quantum of punishment of the offence,
the application deserves to be dismissed.
Having heard
the rival submissions of learned advocates and having considered the
role attributed to the applicants and reflected in the FIR at
Annexure ‘A’ and the quantum of punishment etc., I am of the view
that the applicants are required to be enlarged on regular bail at
this stage on stringent conditions, without entering into the merits
of the case and without discussing the evidence in detail.
The parties do
not press for further reasoned order.
In the facts
and circumstances of the case, the petition is allowed and the
applicants are ordered to be enlarged on bail in connection with
C.R. No. I – 169 of 2009 filed before the Kuvadva Road Police
Station, District : Rajkot, on their executing a bond of Rs.10,000/-
[Rupees ten thousand only] each with one surety of the like amount to
the satisfaction of the trial court and subject to the conditions
that they shall:
[a] not take
undue advantage of their liberty or abuse their liberty;
[b]. not act in
a manner injurious to the interest of the prosecution;
[c]. surrender
their 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 their
presence at the concerned Police Station on 15th of
each English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f]. furnish
the present addresses of their residences 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 applicants on bail.
Rule is made
absolute to the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED,
J.)
ynvyas
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