Gujarat High Court Case Information System
Print
CR.MA/1932/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1932 of
2010
=========================================================
SARDARBHAI
HUDIYABHAI PALAS - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MA KHARADI for
Applicant(s) : 1,
MR. D C SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 16/03/2010
ORAL
ORDER
1. Leave
to amend. Amendment be carried out forthwith.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant for regular bail, who has been
arrested, in connection with F.I.R. registered as C.R. No. I-133 of
2009 with Limkheda Police Station for the offence punishable under
Sections 143, 365, 302 and 34 of the Indian Penal Code.
3. Learned
advocate for the applicant submitted that the applicant is an
innocent person and false case is foisted on him punishable under
Sections 143, 365, 302 and 34 of the Indian Penal Code. Learned
advocate further submitted that considering the role attributed to
the applicant as reflected in F.I.R. at Annexure-A to the application
and since the co-accused have already been released by this Court
vide order dated 09.02.2010 passed in Criminal Misc. Application No.
140 of 2010, the applicant even, on the ground of parity, deserve to
be enlarged on bail.
4. Learned
A.P.P. Mr. D.C. Sejpal, representing the State, while opposing the
bail application, submitted that the applicant is involved in a
serious offence punishable under Sections 143, 365, 302 and 34 of the
Indian Penal Code. Learned A.P.P. further submitted that considering
the role attributed to the applicant and the manner in which the
offence is committed by him along with other accused, no
discretionary relief be granted to the applicant and the application
deserves to be dismissed.
5. I
have heard learned advocate Mr. M.A. Kharadi appearing for the
applicant and learned A.P.P. Mr. D.C. Sejpal appearing for the State
at length and in great detail. I have considered the rival
submissions, averments made in the application, role attributed to
the applicant which is reflected in F.I.R. at Annexure-A to the
application, provisions of Sections 143, 365, 302 and 34 of the
Indian Penal Code, quantum of punishment, police papers, statement of
witnesses etc. and the fact that the co-accused have already been
enlarged on bail by this Court vide order dated 09.02.2010 passed in
Criminal Misc. Application No. 140 of 2010, I am of the view that the
present applicant also deserve to be enlarged on bail.
6. 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 C.R. No. I-133 of 2009 registered at Limkheda Police Station on
executing a bond of Rs. 10,000/- (Rupees twenty 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 Limkheda 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.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,J.)
Shekhar
Top