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CR.MA/884/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 884 of
2010
=========================================================
PRASANT
INDUKANT PANDYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DN PANDYA for
Applicant(s) : 1,
MR UA TRIVEDI ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE NOT RECD BACK for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 18/02/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with I-C.R.No.220 of 2008 registered at Sola Police
Station for the offences punishable under sections 406, 420, 419,
465, 467, 468, 471 and 114 of Indian Penal Code.
The
learned advocate Mr.Pandya for the applicant submitted that
applicant is a Teacher in a school at Ambaji since 2005 and he is
not even remotely connected with the alleged commission of offence
as narrated in the First Information Report. Considering the role
attributed to the applicant and since the main culprit is also
enlarged on bail by the sessions court, the applicant deserves to be
enlarged on bail.
Learned
APP Mr.Trivedi representing State while opposing the bail
application submitted that applicant is involved in the offence
punishable under sections 406, 420, 419, 465, 467, 468, 471 and 114
of Indian Penal Code. Considering the role attributed to the
applicant and the manner in which he committed offence along with
other co-accused, no discretionary relief be granted to the
applicant and the application deserves to be dismissed.
Having
considered the rival submissions and on perusal of the averments
made in the application, role attributed to the applicant,
provisions of sections 406, 420, 419, 465, 467, 468, 471 and 114 of
Indian Penal Code, quantum of punishment, police papers as well as
the order dated 31st July, 2008 passed by the learned
Additional Sessions Judge, Ahmedabad Rural in Criminal Miscellaneous
Application No.810 of 2008, the applicant, in my view, also deserves
to be enlarged on bail on the ground of parity.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.220 of 2008 registered at Sola Police Station 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,
[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]
mark his presence at the concerned Police Station on any day of
every first week of English calender month between 9.00 AM and 2.00
PM till the trial is over;
[f] 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 his
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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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