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CR.MA/9770/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9770 of 2010
=========================================
RAVI
KISHANBHAI AOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR YASHWANT
S BAROT for
Applicant(s) : 1,
MR AJ DESAI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/08/2010
ORAL
ORDER
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with the offences registered at CR No.I-217 of 2010
registered with Sardarnagar Police Station, Ahmedabad for the
offences punishable under Sections 394 and 114 of the Indian Penal
Code.
Heard
Mr.Yashwant Barot, learned counsel for the applicant and Mr.A.J.
Desai, learned Additional Public Prosecutor.
Mr.Barot
has contended that the applicant is innocent person and has not
committed any offence. He has also contended that the name of the
present applicant is not there in the F.I.R. Thus, the applicant is
wrongly involved in the present offence. He has also contended that
nothing is recovered from the present applicant. He has also
contended that the investigation is almost over. Even, test
identification parade is also not held. He has further contended
that the learned Judge has passed the order without appreciating the
facts of the case and therefore, the applicant is required to be
released on bail by this Hon’ble Court in the interest of justice.
Mr.Desai
has contended that the applicant is involved in the serious offence
of house breaking in the mid-night hours on the public way. He has
also contended that the applicant along with two other persons
robbed the complainant and also assaulted and given kicks and feast
blows and cause him injured and robbed his Ipod of Apple Company
valued at Rs.32,000/-. He, therefore, contended that looking to the
offence committed by the applicant, present application is required
to be rejected.
I
have perused the papers produced before me as well as order passed
by the learned Judge and police papers also. Looking to the papers
it appears that the applicant has injured the complainant and robbed
the complainant by giving kick and feast blows. Even the applicant
is involved in the offence of house-breaking at mid-night hours.
In
view of above observations, I am of the opinion that the present
application is required to be rejected and is hereby rejected.
(Z.
K. Saiyed, J)
Anup
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