Gujarat High Court Case Information System
Print
CR.MA/3063/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3063 of 2010
=========================================================
NARVATBHAI
GOVINDBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR DEVANG VYAS, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/04/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-37 of 2009 registered at Ahmedabad D.C.B. Police Station for
the offence punishable under Sections 419, 420, 465, 471, 468 and 114
of the IPC.
2. Mr
AM Dagli, learned advocate for the applicant submitted that the
applicant is not the main culprit who is involved in the commission
of offence punishable under Sections 419, 420, 465, 471, 468 and 114
of the IPC. Considering the role played by the applicant, he deserves
to be enlarged on bail. Learned advocate for the applicant has also
placed reliance on the order passed by this Court in Criminal Misc.
Application No.14714 of 2009 dated 21.1.2010 in support of the
submission that even on the ground of parity, the applicant deserves
to be enlarged on bail.
3. Mr
Devang Vyas, learned APP for the State, while opposing the bail
application, submitted that considering the role attributed to the
applicant and the manner in which the offence is committed by the
applicant along with the other accused, no relief as prayed for be
granted to the applicant and the application deserves to be
dismissed.
4. I
have heard Mr AM Dagli, learned advocate for the applicant and Mr
Devang Vyas, learned APP for the State at length and in great detail.
I have considered the role attributed to the applicant as reflected
in the FIR as well as the police papers. I have also perused the
provisions of Sections 419, 420, 465, 471, 468 and 114 of the IPC,
quantum of punishment, gravity of the offence as well as the order
passed by this Court in Criminal Misc. Application No.14714 of 2009
dated 21.1.2010. Considering the aforesaid facts and circumstances of
the case, I am of the view that the applicant deserves to be enlarged
on bail.
5. 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 CR No.
I-37 of 2009 registered at Ahmedabad D.C.B. 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 every first week of
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.
6. 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.
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
to the aforesaid extent. Direct Service is permitted.
[H.B.ANTANI,
J.]
mrpandya
Top