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CR.MA/9609/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9609 of 2010
=========================================
RATABHAI
MALABHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
HARSHIT S TOLIA for Applicant(s) : 1,MRPARTHSTOLIA for Applicant(s) :
1,
MR AJ DESAI ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 26/08/2010
ORAL
ORDER
1. This is an
application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-109 of 2008 registered at Gadhada Police Station, for the
offence punishable under Sections 302 of the IPC and Section 135 of
the Bombay Police Act.
2. Heard Mr. Tolia,
learned advocate for the applicants and Mr. Desai, learned APP for
the State at length and in great detail. Having considered the rival
submissions and on perusal of the role attributed to the applicant as
reflected in the FIR, police papers, provisions of Section 302 of the
IPC and Section 135 of the Bombay Police Act, quantum of punishment,
etc., I am of the view that the applicant deserves to be enlarged on
bail as prima facie against the applicant, there is no any direct
evidence, which involves the applicant in the commission of the
offence and there was no any suspicious pointed out or traced out
against the applicant during the course of panchnama, despite the
fact, the applicant was very well present at that time.
3. 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 CR No.
I-109 of 2008 registered at Gadhada 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] 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;
[f] maintain law and
order.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made
absolute to the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED, J.)
ynvyas
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