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CR.MA/7393/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7393 of 2008
=========================================================
PANKAJBHAI
ARJUNBHAI PADVI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1
- 2.
MR MAULIK NANAVATI, ADDL.PUBLIC
PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/06/2008
ORAL
ORDER
Learned
counsel for the petitioners seeks leave to withdraw this application
qua the petitioner No.1 as not pressed at this stage with liberty to
move before the Trial Court after filing of the chargesheet.
Permission sought for is granted. The application qua the petitioner
No.1 stands rejected as not pressed with liberty accordingly.
Now
this application is only considered qua petitioner Nos.2 ?
Madhavbhai Arjunbhai Padvi.
1. Rule.
Mr.Nanavati, learned APP waives service of rule on behalf of
respondent- State.
2. Heard
the learned advocate for the applicant and learned APP for the
respondent ? State.
3. This
application is filed by the applicant No.2 Madhavbhai Arjunbhai Padvi
– under sec. 439 of Cr.P.C. for releasing them on regular bail in
connection with the offence registered vide CR No.I 10 of 2008 with
Nizar Police Station, for the offence punishable under sec.498-A,
306 and 114 of the Indian Penal Code.
4. The
learned advocate for the applicant has submitted that the applicant
is innocent and is falsely involved in this case. He read the order
passed by the trial court and prayed to release the applicant on
regular bail.
5. As
against this, learned APP Mr.Nanavati, has strongly opposed this
application and read the order passed by the trial court.
6. I
have gone through the order passed by the trial court as well as the
papers produced on the record of the case. Looking to the allegations
levelled against the applicants, I am inclined to release him on
regular bail.
7. Learned
advocates for the parties do not press for reasoned order.
8. Considering
the facts and circumstances of the case, the present application is
allowed. The applicant is ordered to be released on regular bail in
connection with CR No.10 of 2008 at Nizar Police Station, on their
executing personal bond in the sum of Rs. 5,000/- (Rs. Five Thousand
only) with one surety each 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) 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;
(f) mark his presence
before the concerned Police Station once in a month, that is, on the
16th
day of each month between 11.00am to 2.00pm upto
framing of charge;
(g) maintain law and
order;
9. The authorities will
release the applicant only if he is not required in connection with
any other offence for the time being.
10. If breach of any 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.
11. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
12. 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.
13. Rule
is made absolute to the aforesaid extent. Direct Service permitted.
[Z.K.
SAIYED, J.]
binoy*
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