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CR.MA/4582/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4582 of 2010
=========================================================
MEHUL
SHANTILAL JHAKHARIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
SAMATA V PATEL for
Applicant(s) : 1,
MR DC SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/05/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-26 of 2010 registered at Adalaj Police Station, Gandhinagar
for the offence punishable under Sections 379 and 114 of the IPC,
Section 15(2) of the Petroleum Mineral Act, Sections 3 and 7 of
Essential Commodities Act as well as Sections 3 and 7 of Damage to
Public Property Act.
2. Heard
Ms Samata V Patel, learned advocate for the applicant and Mr DC
Sejpal, learned APP for the State at length and in great detail. I
have considered the averments made in the application, the role
attributed to the applicant as can be seen from the FIR, police
papers, provisions of Sections 379 and 114 of the IPC, Section 15(2)
of the Petroleum Mineral Act, Sections 3 and 7 of Essential
Commodities Act and Sections 3 and 7 of Damage to Public Property
Act, quantum of punishment as well as the reasons assigned by the
learned Sessions Judge while rejecting the application for bail
bearing Criminal Misc. Application No.289 of 2010. Considering the
totality of the facts and circumstances of the case, I am of the view
that the applicant deserves to be enlarged on bail.
3. 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 CR No.
I-26 of 2010 registered at Adalaj 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 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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
[H.B.ANTANI,
J.]
mrpandya
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