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CR.MA/6000/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6000 of 2010
=========================================================
NARVATBHAI
@ CHELO KHUMANSINH PARMAR - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
HL MENGHANI for
Applicant: 1,
MR RC KODEKAR ADDL PUBLIC PROSECUTOR for
Respondent:
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 25/06/2010
ORAL
ORDER
Rule.
Mr. Kodekar, learned APP waives service of Rule on behalf of
respondent State. By consent, Rule is fixed forthwith.
The
applicant – accused, who has been arrested in I.CR. No. 87 of
2009 registered with Waghodia Police Station for the offences
punishable under Sections 363, 366 & 376 of the Indian Penal
Code has moved this Court under Section 439 of the Code of Criminal
Procedure for seeking bail pending trial.
The
accused moved the application being Criminal Misc. Application No.
252 of 2010 before the concerned Sessions Court, which came to be
rejected on 5.3.2010.
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:
Looking
to the conduct of victim and role of the applicant accused as well
as age of the victim girl, who is said to have been aged about 16½
of years i.e. having the age of using her discretion, has persuaded
this Court to exercise discretion in favour of the accused applicant
hereinabove for enlarging him on bail on appropriate terms and
conditions.
Looking
to the averments and nature of evidence and role of the applicant,
he deserves to be enlarged on bail pending trial.
The
chargesheet is filed and investigation is over and therefore, there
is remote possibility of applicant being influenced the witnesses or
tampered with the evidences.
The
applicant has his wherewithal at his ordinary place of residence and
therefore, his presence could be procured by imposing appropriate
conditions during trial.
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.
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.
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.
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.
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 Crime Register No.I-87 of 2009 registered with Waghodia Police
Station on his executing a bond of Rs.5,000=00/- (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.
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
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct Service is permitted.
(S.R.BRAHMBHATT,
J.)
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