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CR.MA/13194/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13194 of 2011
=========================================================
RAFIQ
@ LALO PUNJABHAI RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAMNANDAN SINGH for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 22/09/2011
ORAL ORDER
1. Rule.
Mr. H.L. Jani, learned APP waives service of Rule on behalf of the
opponent-State.
2. This
application has been preferred by the applicant under Section 439 of
the Code of Criminal Procedure, 1973 in connection with the offence
being CR No.I-20/2010 registered with Anand Railway Police Station,
for the offences punishable under sections 326, 120-B and 114 of the
Indian Penal Code [“IPC” for short].
3. Learned
advocate Mr. R.N. Singh for the applicant submitted that the
applicant is an innocent person and false case is foisted on him.
Considering the role attributed to the applicant as reflected in the
FIR at Annexure:A to the application, the applicant may be enlarged
on bail.
4. Learned
APP Mr. H.L. Jani, representing the opponent State, while opposing
the bail application, submitted that the applicant is involved in the
offence punishable under Sections 326,
120-B and 114 of the IPC. Considering the role attributed to
the applicant which is reflected in the FIR at Annexure:A to the
application and the manner in which the offence is committed by the
applicant, no discretionary relief be granted to the applicant and
the application may be dismissed.
5. I
have heard the learned advocates of both the sides at length and in
great detail. Considering the rival submissions and on perusal of the
averments made in the application, role attributed to the applicant
which is reflected in the FIR at Annexure:A to the application,
provisions of Sections 326, 120-B and
114 of the IPC, quantum of punishment etc., I am of the view
that the applicant deserves to be enlarged on bail without discussing
the evidence in detail.
6. Considering
the above, this application is allowed. The applicant is ordered to
be released on bail in connection with CR No.I-20/2010 registered
with Anand Railway Police Station, for the offence alleged against
him in this application on his executing a Bond of Rs.10,000/-
(Rupees ten thousand only) with one solvent 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) mark
presence at the concerned police station on the last day of every
English calendar month.
f) not
leave the country without the prior permission of the concerned
Sessions Judge;
g) furnish
the 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;
h) surrender
his passport, if any, to the lower Court within a week.
7. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.)
pirzada/-
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