Gujarat High Court Case Information System
Print
CR.MA/13307/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13307 of 2008
=========================================================
RAMPAL
BHAGIRATH YADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
TS NANAVATI for
Applicant(s) : 1,
MR AJ DESAI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 22/10/2008
ORAL
ORDER
RULE. Mr. A.J.
Desai, learned Additional Public Prosecutor waives service of rule on
behalf of the respondent. At the request of the learned counsel
appearing for the parties, this petition is taken up for hearing
today.
This petition is
filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No. I-75
of 2008 before Ankleshwar Rural Police Station, for the offence
punishable under sections 379, 447 & 511, 201, 120-B, 285, 447,
427 and section 436 of the Indian Penal Code.
Learned advocate
representing the petitioner submitted that considering the role
attributed to the petitioner which is reflected in the FIR at
Annexure ‘A’, the petitioner may be released on bail. He further
submitted that applicant is an innocent person and he has been
falsely implicated in the commission of the alleged offence. He
further submitted that the applicant has not played any part in the
overt act as alleged in the complaint, and therefore, it is a fit
case to enlarge the petitioner on bail.
On the other
hand, learned Additional Public Prosecutor representing the State
submitted that considering the role attributed to the petitioner and
the manner in which the offence is committed by the petitioner, no
discretionary relief is required to be given to the petitioner and
the petition deserves to be dismissed.
Heard learned
advocate Mr. Nanavati for the petitioner and Mr. A.J. Desai, learned
APP at length and in great detail. I have also perused the averments
made in the petition as well as the FIR produced on record of the
petition. Considering the role attributed to the applicant and the
role alleged against the petitioner, the manner in which the offence
is alleged to have been committed as well as the quantum of
punishment, I am of the view that the the petitioner is required to
be enlarged on regular bail at this stage, without entering into the
merits of the case and without discussing the evidence in detail.
The parties do
not press for further reasoned order.
In the facts and
circumstances of the case, the petition is allowed and the petitioner
is ordered to be enlarged on bail in connection with C.R. No. I-75 of
2008 before Ankleshwar Rural 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 Ankleshwar Rural 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.
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.
mathew [H.B.ANTANI,
J.]
Top