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CR.MA/7559/2010 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7559 of 2010
=====================================================
MOHANBHAI
CHELABHAI SALAT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR.RAJESH
B SONI for Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/07/2010
ORAL
ORDER
This
petition is filed under section 439 of the Code of Criminal Procedure
by the applicant who has been arrested in connection with C.R. No. I
– 37 of 2010 filed before the Shihori Police Station, for the
offence punishable under sections 406, 420 and 114 of the Indian
Penal Code.
Mr.
Soni, learned advocate for the applicant submitted that the applicant
is an innocent person and a false case is foisted on him. The
offence was committed on 4.5.2009 and the FIR which is registered on
25.3.2010 that means, there is delay of 10 months in filing FIR and
therefore, it is crystal clear that the applicant is falsely involved
in the commission of the offence. He also submitted that the
applicant is in jail from 28.6.2010 and there is no any direct
evidence against him and therefore, at the stage of bail, the
applicant may not be languished in jail. The applicant will available
at any time for interrogation as and when he is required to be
called, therefore, considering the submissions aforesaid and role
attributed to the applicant and reflected in the FIR at Annexure ‘A’
to the applicant, this is a fit case to enlarge the applicant on
regular bail.
As
against the aforesaid, learned APP Mr. Jani submitted that
considering the role played by the applicant along with other
co-accused, no discretionary relief can be granted to the applicant,
and the application deserves to be dismissed.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicant as reflected in the
FIR at Annexure ‘A’, the quantum of punishment, gravity of offence
etc. and the applicant belongs to other State and therefore, if his
presence is secured, then, this is a fit case to grant the regular
bail to the applicant. In view of the above, the applicant is
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 applicant is ordered to be enlarged on bail in connection with
C.R. No. I – 37 of 2010 filed before the Shihori Police Station,
District : Banaskantha on his executing a bond of Rs.15,000/- [Rupees
Fifteen 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 twice in a week, i.e. on
1st and 15th of each 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.
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 applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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