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CR.MA/6115/2010 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6115 of 2010
======================================
MUKESH
VASUDEV PANDYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
HARDIK A DAVE for Applicant(s) : 1,
MR MG NANAVATY, ADDL.PUBLIC
PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 16/06/2010
ORAL
ORDER
1. Rule.
Mr. M.G. Nanavaty, learned Additional Public Prosecutor, waives
service of Rule on behalf of respondent-State. By consent, Rule is
fixed forthwith.
2. The
applicant accused, who has been named as accused in CR.-I-No.34
of 2010 registered with Amroli Police Station for the offences
punishable under Sections 498-A,306,304-B, 114 of the Indian Penal
Code and Sections 3 and 7 of the Dowry Prohibition Act has moved this
Court under Section 439 of the Code of Criminal Procedure for seeking
bail pending investigation and trial.
3. The
accused moved the application being Misc. Criminal Application No.872
of 2010 before the concerned Sessions Court, which came to be
rejected on 7.5.2010.
4. This
Court has taken into consideration the documents produced on record
and the reasoning assigned by the Sessions Court while rejecting the
bail application of the applicant. The applicant deserves to be
enlarged on bail for the following reasons:
(i) Looking
to the role attributed to the present applicant in the F.I.R., this
Court is inclined to exercise its discretion in favour of the
applicant-accused hereinabove for enlarging him on bail on
appropriate terms and conditions.
(ii) Looking
to the averments and nature of evidence and role of the applicant, he
deserves to be enlarged on bail pending trial.
(iii) The
applicant has his wherewithal at his ordinary place of residence and
therefore, his presence could be procured by imposing appropriate
conditions during trial.
(iv) The
prosecution has not voiced any grievance or expressed any
apprehension that he is likely to flee from justice, if he is
released on bail.
(v) The
prosecution has also not expressed any grievance or apprehension that
he is capable of tempering with evidences or influencing the
witnesses, if he is released on bail.
(vi) The
Sessions Court has not appreciated these aspect and therefore, the
said order deserves to be quashed and set aside and accordingly, it
is quashed and set aside.
5. The
aforesaid observations are made only for the purpose of examining the
prayer for bail pending
trial. These observations are prima-facie and shall have no bearing
whatsoever upon the trial and the trial Court shall not be influenced
by it in any way and come to its own conclusion after analyzing the
evidence that may be led during the trial.
6. Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with CR.-I-No.34 of 2010 registered with Amroli Police Station on his
executing a bond of Rs.5,000/- (Rupees Five Thousand only) with one
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that he shall :
(a) not
take undue advantage of his liberty or misuse his liberty:
(b) not
act in a manner injurious to the interest of the prosecution:
(c) maintain
law and order;
(d) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) furnish
the address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(f)
mark his presence before concerned Police Station on every 15th
day of each English Calendar month initially for a period of 6
months between 9.00 a.m. to 2.00 p.m.
(g) surrender
his passport, if any, to the lower Court within a week.
7. 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.
8. Bail
before the lower Court having jurisdiction to try the case.
9. Rule
is made absolute. Direct Service is permitted.
(S.
R. Brahmbhatt, J. )
sudhir
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