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CR.MA/1375/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1375 of 2010
=========================================================
MOHMAD
VALI JAMALBHAI MEMON (HALARI) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YATIN SONI for
Applicant(s) : 1,
MS.KRINA CALLA, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 16/02/2010
ORAL
ORDER
This
application is preferred under Section 439 of Criminal Procedure
Code, 1973, seeking regular bail by the applicant who came to be
arrested in connection with I-C.R.No-205/2009 registered with
Mahemdabad Police Station, for the offence punishable under Sections
395, 397 and 412 of Indian Penal Code.
Mr.Yatin
Soni, learned advocate for the applicant submitted that
applicant is an innocent person. He has not committed any offence
as alleged against him and he has been falsely involved in the
commission of offence. There is no material on record of the case to
connect the applicant with the commission of offence punishable
under Sections 395, 397 and 412 of Indian Penal Code. Thus,
considering the role attributed to the applicant, he deserves to be
enlarged on bail.
Ms.
Krina Calla, learned Additional Public Prosecutor, representing the
respondent-State, while opposing the bail application, submitted
that applicant is involved in the serious offence punishable under
Sections 395, 397 and 412 of Indian
Penal Code. Considering the role attributed to the applicant
and the manner in which he has committed the alleged offence along
with other accused, no discretionary relief be granted to the
applicant and the application be dismissed.
Heard,
Mr. Yatin Soni, learned advocate for the applicant and Ms. Krina
Calla, learned Additional Public Prosecutor, representing the
respondent-State, at length and in great detail. Considering the
role attributed to the applicant, which is reflected in the FIR at
Annexure-A to the application, manner
in which he has committed the alleged offence along with other
accused, provisions of Sections 395,
397 and 412 of Indian Penal Code, quantum of punishment etc.,
antecedents of the applicant and
since main accused Rajendrasinh Amarsinh
Vaghela who has been already released on bail, I am of the view that
applicant deserves to be enlarged on bail.
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 I-C.R.No-205/2009 registered with Mahemdabad Police Station, 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 first week
of every 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.
(H.B.ANTANI,J.)
Girish
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