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CR.MA/9853/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9853 of 2008
=========================================
RAMESHBHAI
SABURBHAI BARIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR UM SHASTRI for
Applicant(s) : 1,
Mr.H.L.JANI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 05/08/2008
ORAL
ORDER
1. Rule, Mr.H.L.Jani,
Learned Additional Public Prosecutor waives service of notice for the
State. In the facts and circumstances of the case, this application
is taken up for hearing today.
2. This
application is preferred under Section 439 of Criminal Procedure Code
in connection C.R.No.I-.112/2006 registered at Devgadh Baria Police
Station for the offences punishable under Sections 363,366,376 and
114 of Indian Penal Code.
3. Learned
advocate for the applicant submitted that considering the First
Information Report at Annexure-A to the application, the applicant
has been falsely implicated in the commission of offence. Learned
advocate for the applicant submitted that the applicant has not
committed any offence as alleged against him and, therefore, it is a
fit case to enlarge the applicant on regular bail.
4. Learned
Additional Public Prosecutor Mr. H.L. Jani, representing the State
submitted that considering the role attributed to the applicant and
his involvement in the commission of offences punishable under
Sections 363,366,376 and 114 of Indian Penal Code, the application
deserves to be rejected.
5. Having
considered the relevant submissions, perusal of averments made in the
petition, First Information Report at Annexure-A to the application
and the order passed by the learned Additional Sessions Judge and
Presiding Officer, Fast Track Court at Dahod in Miscellaneous
Criminal Application No.559 of 2007 on 19.12.2007, the applicant has
been booked for the offences punishable under Sections 363,366,376
and 114 of Indian Penal Code. I have also considered the role
attributed to the applicant.
6. Considering
the facts and circumstances of the case, and on perusal of statement
of victim dated 21.6.2007, without entering into the merits of the
case, I am inclined to enlarge the applicant on regular bail.
7. 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.No.I-.112/2006 registered at Devgadh Baria 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 Devgadh Baria police station on any day of every first week of
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.
8. 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.
9. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
10. 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.
11. Rule is made
absolute. Direct Service is permitted.
[H.B.ANTANI, J.]
sudhir
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