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CR.MA/2452/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2452 of 2010
=========================================================
SANJAY
ALIAS LAMBO NATVERLAL VASAVA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MATAFER R PANDE for
Applicant(s) : 1 - 2.MR DAIFRAZ HAVEWALLA for Applicant(s) : 3,
MR
HL JANI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 30/03/2010
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-208 of 2009 with Adajan
Police Station, Surat for the offence punishable under Sections 394,
188 and 114 of the Indian Penal Code.
2. Learned advocate
Mr.M.R. Pande 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. The learned advocate submitted that
similarly situated accused is already enlarged on bail by this Court
vide order dated 16.02.2010 passed in Criminal Misc. Application
No.1086 of 2010. Considering the
aforesaid aspect, prayer for bail, as set out in the application, be
granted and the applicants be enlarged on bail.
3. Learned
A.P.P. Mr.H.L. Jani, representing the respondent-State, while
opposing the bail application, submitted that the applicants are
involved in the commission of offence punishable under Sections 394,
188 and 114 of the Indian Penal Code. Considering the role attributed
to the applicants, nature of offence and the manner in which the
offence is committed by them along with the other accused, no
discretionary relief be granted to the applicants and the application
be dismissed.
4. I
have heard learned advocate Mr.M.R. Pande for the applicants and
learned A.P.P. Mr.H.L. Jani for the respondent-State at length and in
great detail. I have considered the role attributed to the applicants
which is reflected in the F.I.R. at Annexure A to the application and
police papers produced by learned A.P.P. for my perusal. Considering
the provisions of Sections 394, 188 and 114 of the Indian Penal Code,
order dated 16.02.2010 passed in Criminal Misc. Application No.1086
of 2010 and quantum of punishment etc., I am of the view that the
applicants deserve to be enlarged on bail.
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-208 of 2009 registered with Adajan Police
Station, Surat 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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