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CR.MA/2564/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2564 of 2010
========================================================
PUNJABHAI
KHODABHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRYJPATEL
for
Applicant(s) : 1,
MR.D.C.SEJPAL,
ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/04/2010
ORAL
ORDER
This
application is preferred under Section 439 of Criminal Procedure
Code, 1973, seeking regular bail by the applicant who came to be
arrested in connection with C.R-I-No-12/2010 registered with
Vadhawan Police Station, Dist:Surendranagar, for the offence
punishable under Sections 406, 376, 342 and 506(2) of Indian Penal
Code.
Mr.
Y.J.Patel, learned advocate for the applicant submitted that the
applicant is an innocent person and he has not been even remotely
connected with the commission of offence registered in the FIR. FIR
is given after inordinate delay and therefore, considering the
aforesaid facts and circumstances of the case and the role
attributed to the applicant which is reflected in the FIR at
Annexure-A to the application, he deserves to
be enlarged on bail.
Mr.
D.C.Sejpal, learned Additional Public Prosecutor, representing the
respondent-State, while opposing the bail application, submitted
that the applicant is involved in the offence punishable under
Sections 406, 376, 342 and 506(2) of Indian Penal Code. Considering
the manner in which the alleged offence is committed by the
applicant, no discretionary relief be granted to the applicant and
the application be dismissed.
Heard
Mr. Y.J.Patel, learned advocate for the applicant and Mr.D.C.Sejpal,
learned Additional Public Prosecutor at length and in great detail.
Considering the role attributed to the applicant which is reflected
in the FIR at Annexure-A to the application, police papers,
statement of witnesses, provisions of Sections
406, 376, 342 and 506(2) of Indian Penal Code and quantum of
punishment etc, I am of the view that the applicant deserves
to be enlarged on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with C.R-I-No-12/2010 registered with Vadhawan Police Station,
Dist:Surendranagar,, 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 first
week of every English calendar 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 applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(H.B.ANTANI,J.)
Girish
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