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CR.MA/4938/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4938 of
2011
=========================================================
PARSOTTAM
@ PASO LALKHIRAM RAVAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
YS LAKHANI with MR PS GONDALIA for M/S S G ASSOCIATES
for Applicant(s) : 1,
MR
JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 26/04/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.201/2010 with Ramol Police Station, Ahmedabad for the
offences punishable under Sections 302 and 114 of Indian Penal Code.
Mr.
Y.S. Lakhani learned Senior Counsel with Mr. P.S. Gondalia learned
Counsel appearing for the applicant submit that the implication of
the applicant in the crime alleged is on the basis of the statement
of a co-accused and another statement of a boy named Umang, aged
about 7 years. So far as the statement of Umang is concerned, it
reveals at the most about the alleged relationship with the wife of
the deceased which do not throw any light on the incident alleged to
have taken place. Considering the other aspects which are in the
realm of evidence to be appreciated by the Trial Court and now
that the chargesheet is filed and considering overall aspects, by
imposing suitable conditions, the applicant may be enlarged
on bail.
Heard
learned APP Mr. J.K. Shah for the respondent-State.
Having
heard learned Counsels 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 applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail.
Learned
Counsels 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 First Information Report registered as I-C.R. No.201/2010 with
Ramol Police Station, Ahmedabad, on executing a bond of Rs.5,000/-
(Rupees Five 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 liberty or misuse liberty;
b)
not act in a manner injurious to the interest of the prosecution;
c)
surrender passport, if any, to the lower court within a week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
f)
furnish the present address of his residence to the Investigating
Officer 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;
The
authorities will release the applicant only if not required in
connection with any other offence for the time being.
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
bond to be executed before the lower court having jurisdiction to
try the case.
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.
Rule
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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