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CR.MA/14261/2009 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14261 of 2009
=========================================================
PATHAN
MOHSIN ISABKHAN & 25 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SOEB R BHOHARIA for
Applicant(s) : 1 - 26.
MS KRINA CALLA, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/01/2010
ORAL
ORDER
This
is an application preferred under Sec.439 of the Code of Criminal
Procedure, 1973 by the applicants who came to be arrested in
connection with I CR No. 56/09 registered with Baavlu police station,
District-Mehsana for the offence punishable under Sections 395, 397,
332, 353, 337, 336, 427, 504, 506[2] of IPC, Sec.25[1][b] of Arms Act
and Sec.135 of B.P.Act.
Learned
advocate Mr. Soeb Bhoharia for the applicants submitted that the
applicants are innocent persons and they have not committed any
offence as alleged against them in the FIR. Names of the applicants
were revealed from the statement of co-accused subsequently.
Considering the role attributed to the applicants and since
co-accused are also released by this Court [Coram: Akil Kureshi, J.]
vide order dated 18th December, 2009 passed in Criminal
Misc. Application No. 13637 of 2009 and the order dated 24.12.2009
passed by this Court [Coram: Akil Kureshi, J.] in Criminal Misc.
Application No. 13798 of 2009, the applicants also be enlarged on
bail.
Learned
APP Ms. Krina Calla, representing the opponent State, while opposing
the bail application submitted that considering the manner in which
the applicants have committed the offence and the role attributed to
the applicants in commission of offence, no discretionary relief be
granted to the applicants and the application be dismissed.
I
have heard the learned advocates of both the sides at length and in
great detail. Having considered the rival submissions and
considering the role attributed to the applicants and reflected in
the FIR order dated 18th December, 2009 passed by this
Court [Coram: Akil Kureshi, J.] in Criminal Misc. Application No.
13637 of 2009 and the order dated 24.12.2009 passed by this Court
[Coram: Akil Kureshi, J.] in Criminal Misc. Application No. 13798 of
2009, provisions of Sections 395, 397, 332, 353, 337, 336, 427, 504,
506[2] of IPC, Sec.25[1][b] of Arms Act and Sec.135 of B.P.Act,
police papers, quantum of punishment etc., I am of the view that the
applicants also deserve to be enlarged on bail without discussing
the evidence in detail.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with I CR No. 56/09
registered with Baavlu police station, District-Mehsana on
executing a bond of Rs.10,000/- each [Rupees ten thousand only] with
one surety each of the like amount to the satisfaction of the Trial
Court and subject to the conditions that they shall:
[a] not
take undue advantage of their liberty or abuse their liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
their passport, if any, to the lower Court immediately;
[d] not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e] mark
their presence at the concerned police station on 1st and
15th day of every English calendar month between 11.00 AM
and 2.00 PM. till the trial is over;
[f] furnish
the present address of their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[g] maintain
law and order.
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
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 applicants on bail.
Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
[H.B.
ANTANI, J.]
pirzada/-
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