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CR.MA/1070920/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10709 of 2008
==================================================
SHANKAR
@ MAHESH RAJUBHAI DATANIYA - Applicant
Versus
STATE
OF GUJARAT - Respondent
==================================================Appearance
:
MR CHETAN B RAVAL for the
Applicant.
MS ML SHAH, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent.
==================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 14/08/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Ms. Manisha L. Shah waives
service of Rule on behalf of the respondent-State. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure seeking regular bail of the petitioner in connection with
FIR registered as C. R. bearing No. I-226 of 2007 filed at Karanj
Police Station for the offence punishable under Section 379 of the
Indian Penal Code.
3. Learned
Advocate Mr. Chetan B. Raval representing the petitioner submitted
that considering the role attributed to the petitioner, which is
reflected in the FIR at Annexure-A to the petition, the petitioner is
falsely implicated in the commission of offence and, therefore, he is
required to be enlarged on regular bail. The learned Advocate
submitted that if the prayer as prayed for is granted, then the
petitioner would abide by the terms and conditions imposed by this
Court.
4. Learned
Additional Public Prosecutor Ms. M. L. Shah representing the State
submitted that considering the role attributed to the petitioner and
the manner in which he has committed the offence punishable under
Section 379, the petition does not call for any interference and the
same is liable to be dismissed.
5. I
have heard learned Advocate Mr. C. B. Raval for the petitioner and
learned Additional Public Prosecutor Ms. M. L. Shah at length and in
great detail. Considering the averments made in the petition and the
FIR at Annexure-A to the petition, the petitioner is booked for the
offence punishable under Section 379 of the Indian Penal Code. I
have also considered the role attributed to the petitioner and the
manner in which the offence is committed and the quantum of
punishment which can be imposed under the said provision.
Considering the aforesaid aspect of the matter, I am inclined to
exercise my discretion in favour of the petitioner.
6. For
the foregoing reasons, the petition is allowed. The petitioner is
ordered to be enlarged on bail in connection with FIR registered as
C. R. bearing No. I-226 of 2007 filed at Karanj Police Station for
the offence punishable under Section 379 of the Indian Penal Code 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] mark
his presence at the concerned 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 Investigating Officer 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; and,
[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 petitioner on bail.
10. Rule
is made absolute. Direct Service is permitted.
[H.
B. ANTANI, J.]
/shamnath
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