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CR.MA/2479/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2479 of 2010
=========================================================
RAVJIBHAI
CHATURBHAI BHOI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAMNANDAN SINGH for
Applicant(s) : 1 - 2.
MS TRUSHA K PATEL APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/03/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicants, who have been arrested in
connection with F.I.R. registered as C.R.No.I-95 of 2009 with Nadiad
Police Station for the offence punishable under Sections 406, 420,
467, 468, 471 and 114 of the Indian Penal Code.
2. Learned advocate
Mr.Ramnandan Singh
for the applicants submitted that the applicants are innocent persons
and false case is foisted on them. Considering the role attributed to
the applicants which is reflected in the F.I.R. at Annexure A to the
application, they deserve to be enlarged on bail.
3. Learned
A.P.P. Ms.Trusha K. Patel, representing the respondent-State, while
opposing the bail application, submitted that on perusal of the
F.I.R., the applicants are involved in the commission of offence
punishable under Sections 406, 420, 467, 468, 471 and 114 of the
Indian Penal Code. Considering the role attributed to the applicants
and the manner in which the offence is committed by them, no
discretionary relief be granted to them and the application be
dismissed.
4. I
have heard learned advocate Mr.Ramnandan Singh
for the applicants and learned A.P.P. Ms.Trusha K. Patel for the
respondent-State at length and in great detail. Considering the role
attributed to the applicants which is reflected in the F.I.R. at
Annexure A to the application, provisions of Sections 406, 420, 467,
468, 471 and 114 of the Indian Penal Code, police papers, statements
of witnesses and quantum of punishment etc., I am of the view that
the applicants deserve to be enlarged on bail without entering into
the merits of the case at this stage.
5. In
the facts and circumstances of the case, the application is
allowed and the applicants are ordered to be enlarged on bail in
connection with C.R.No.I-95 of 2009 registered with Nadiad Police
Station on executing a bond of Rs.10,000/- each [Rupees ten thousand
only] with one surety each of the like amount to the satisfaction of
the Trial Court and subject to the conditions that they shall:
[a] not take undue
advantage of their liberty or abuse their liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] surrender their
passport, if any, to the lower Court within a week;
[d] not leave the State
of Gujarat without prior permission of the Sessions Court concerned;
[e] mark their 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 their residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change their residence
without prior permission of this Court;
[g] maintain law and
order.
6. 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.
7. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
8. 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 applicants on bail.
9. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.
Antani, J.)
Hitesh
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