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CR.MA/515/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 515 of 2010
=========================================================
MELABHAI
KESHABHAI RAVAL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
DHAVAL N VAKIL for
Applicant(s) : 1 - 2.
MS. KRINA CALLA, ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 08/02/2010
ORAL
ORDER
This
application is preferred under Section 439 of Criminal Procedure
Code, 1973, seeking regular bail by the applicants who came to be
arrested in connection with I-CR-No-3/2010 registered with Vadali
Police Station for the offence punishable under Sections 376, 420,
406 and 114 of Indian Penal Code.
Mr.D.N.Vakil,
learned advocate for the applicants submitted that the applicants
are father and mother of accused no.1. They have very limited role
in the alleged commission of offence and they are not the main
culprits. In view of the above said fact, learned advocate submitted
that prayer, as set out in the application, be granted, and the
applicants be enlarged on bail.
Learned
Additional Public Prosecutor, Ms. Krina Calla, representing the
respondent-State, while opposing the bail application, submitted
that the applicants are involved in the commission of offence
punishable under Sections 376, 420, 406 and 114 of Indian Penal
Code along with main culprit. Considering the role attributed to the
applicants, no lenient view be taken in the matter and the
application be dismissed.
Heard,
Mr. D.N.Vakil, learned advocate for the applicants and Ms. Krina
Calla, Learned Additional Public Prosecutor at length and in great
detail. Considering the role attributed to the applicants, which is
reflected in the FIR at Annexure-A to the application, provisions
of Sections 376, 420, 406 and 114
of Indian Penal Code, quantum of punishment etc,
I am of the view that the applicants are not the main culprits who
have committed alleged offences and deserve to be enlarged on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with I-CR-No-3/2010 registered with Vadali Police Station, on
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
enter the local limits of Sabarkantha District except for the purpose
of attending the court proceedings and for marking their presence at
the concerned police station, till the trial is over.
[b] not
take undue advantage of their liberty or abuse their liberty;
[c] not
act in a manner injurious to the interest of the prosecution;
[d] surrender
their passport, if any, to the lower Court within a week;
[e] not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[f] mark
their presence at the concerned police station on any day of first
week of every English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[g] furnish
the present address of their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[h] 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.
(H.B.ANTANI,J.)
Girish
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