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CR.MA/11599/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11599 of 2011
======================================
NARVATBHAI
RAYJIBHAI DAMOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
AFTABHUSEN ANSARI for Applicant(s) : 1,
MR MAULIK NANATI
ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 05/09/2011
ORAL
ORDER
The
present application is filed by the applicant under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging him on regular
bail in connection with the offence registered as CR No. I –
81 of 2011 with Morva (Hadaf) Police Station for the offences
punishable u/s. 436, 504, 506(2) and 427 of I.P. Code and under
Section 135 of the Bombay Police Act.
Heard
learned Advocate for the applicant and learned A.P.P. for the
respondent – State.
Learned
advocate submitted that the applicant is an innocent person, wrongly
arraigned in the prosecution case. He also submitted that the
applicant was not present at the scene of offence, but he was at
Godhra, since his wife was indoor patient in a hospital. Even there
is no any independent eye-witness to the incident. He therefore,
prayed that the applicant may kindly be released on bail by imposing
suitable conditions.
Learned
APP Mr. Nanavati vehemently opposed the application of the
applicant. He submitted that the applicant is involved in serious
offence and therefore, considering the quantum of punishment of the
offence in which the applicant is involved, discretion may not be
exercised in favour of the applicant.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences,
without discussing the evidence in detail, at this stage, I
am inclined to enlarge the applicant on bail.
Learned
counsel for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with C.R. No. I 81 of 2011 registered with Morva (Hadaf) Police
Station, Panchmahals 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;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
not
enter into the whole area of Morva (Hadaf) Police Station during the
course of trial;
mark
presence at the Raopura police station, Vadodara on 21st
day of every month between 10.00 a.m. and 12.00 p.m.;
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 the
residence without prior permission of this Court;
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(Z.K.SAIYED,J.)
ynvyas
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