Gujarat High Court Case Information System
Print
CR.MA/11006/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11006 of 2011
=========================================================
MOHAN
@ MAHENDRABHAI @ GADO PARBATBHAI DHAVAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
NIRAV C THAKKAR for
Applicant(s) : 1,
Ms.Manisha L Shah, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/08/2011
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R.No.197/2011 with City B Division Police Station, District
Jamnagar for the offences punishable under Sections 363, 366 of
Indian Penal Code.
2. Learned
counsel appearing for the applicants submits that nature of
allegations if seen in the backdrop of the statement of the girl, it
cannot be said that offences were committed for Sections 363 and 366
of the Indian Penal Code, by imposing
suitable conditions, the applicant may be enlarged on bail.
3. Heard
learned APP Ms.Manisha L Shah for the respondent-State.
4. Having
heard learned counsels for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the applicant, by imposing suitable
conditions, I deem it just and proper to enlarge the applicant on
bail.
5. Learned
counsels for the parties do not press for further reasoned order.
6. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as I-C.R.No.197/2011 with
City `B’ Division Police Station, Jamnagar on executing a bond of
Rs.5,000/- (Rupees Five 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 liberty or misuse liberty.
(b) not
act in a manner injurious to the interest of the prosecution.
(c) maintain
law and order.
(d) surrender
passport, if any, to the lower Court, within a week.
(e) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(f) mark
presence at the concerned Police Station on every 1st and
15th day of English calender month between 11.00 a.m. to
2.00 P.M.;
(g) furnish
the present 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 the residence without prior permission of this Court.
7. The
authorities will release the applicant only if not required in
connection with any other offence for the time being.
8. If
breach of any of the above conditions is committed, the Sessions
Judge will be free to issue warrant or take appropriate action in the
matter.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. 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.
9. Rule
is made absolute. Direct service permitted.
(
Anant S Dave, J )
srilatha
Top