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CR.MA/2674/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2674 of 2010
=========================================================
RAJABHAI
AMRUTBHAI LODEKAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MANAN A SHAH for
Applicant(s) : 1,
MR DEVANG VYAS, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 13/04/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 by the applicant who came to be arrested in connection with CR
No. I-148 of 2009 registered with Mahidarpura police station for the
offence punishable under Sections 392, 395, 397, 504, 120B and 188 of
Indian Penal Code.
Learned
advocate Mr. M.A. Shah for the applicant submitted that the applicant
is an innocent person and he has been falsely implicated in the
alleged commission of offence. Considering the role attributed to the
applicant which is reflected in the FIR at Annexure:A to the
application and since the co-accused have been already enlarged on
bail by this Court vide order dated 2.12.2009 passed in Criminal
Misc. Application No. 12787 of 2009 and order dated 25.2.2010 passed
in Criminal Misc. Application No.1674 of 2010, the applicant deserves
to be enlarged on bail even on the ground of parity.
Learned
APP Devang Vyas, representing the opponent-State, while opposing the
bail application, submitted that the applicant is involved in the
commission of offence punishable under Sections 392, 395, 397, 504,
120B and 188 of IPC. Considering the role played by the applicant
and the manner in which the offence is committed by him, no
discretionary relief be granted to him 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 on perusal
of the averments made in the application, role attributed to the
applicant which is reflected in the FIR, police papers and on
provisions of sections 392, 395, 397, 504, 120B and 188 of IPC and
quantum of punishment as well as on perusal of the order dated
2.12.2009 passed by this Court in Criminal Misc. Application No.
12787 of 2009 and order dated 25.2.2010 passed in Criminal Misc.
Application No.1674 of 2010, I am of the view that the applicant
deserves to be enlarged on bail without discussing the evidence in
detail.
For the
foregoing reasons, the application is allowed and the applicant is
ordered to be enlarged on bail in connection with CR No. I-148 of
2009 registered with Mahidarpura 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 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.]
pirzada/-
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