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CR.MA/9522/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9522 of 2008
With
CRIMINAL
MISC.APPLICATION No. 9524 of 2008
=========================================================
SIDA
BHIMSHI KAMBARIA @ SIDA VARVA MADAM & ANOTHER - Applicants
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
TUSHAR MEHTA for the Applicant.
MS
M.S.PANCHAL, APP for the Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 26/09/2008
ORAL
ORDER
Rule.
Learned Additional Public Prosecutor Ms.Panchal waives service of
notice of Rule for the respondent-State.
2. These
applications have been preferred for regular bail under Section 439
of the Code of Criminal Procedure,1973 in connection with the offence
registered with Kalyanpur Police Station, Khambhalia, District:
Jamnagar, bearing C.R.No.I ? 32 of 2007 for the offences
punishable under Sections 379, 465, 471, 411, 414 read with 114 of
the Indian Penal Code and Section 135 of the Bombay Police Act.
3. Though
notice has been issued by this Court on 29th August,2008
in Criminal Misc.Application No.9524 of 2008, by mistake, the same
has not been listed on the board today. This matter also arises from
the same Crime Register number and, therefore, is required to be
heard alongwith Criminal Misc. Application No.9522 of 2008 and,
therefore, the papers of Cri.Misc.Appl.No.9524 of 2008 are called
for, from the Registry and both the matters are heard together.
4. Learned
counsel for the applicants submitted that even if the case of the
prosecution is taken at its highest pitch, the amount involved in the
offence, is approximately Rs.19 Lacs, which is royalty amount of
excavated boxide. Learned counsel for the applicants submitted that
similarly situated other co-accused in some other case have been
enlarged on bail by this Court vide order dated 20th
June,2008 passed in Criminal Misc.Application No.7755 of 2008. Even
otherwise also, as per statement made by learned counsel for the
applicants, these offences are punishable under Section 379 of the
Indian Penal Code. There is no antecedent of the applicants and the
applicants are ready and willing to deposit Rs.20 Lacs before the
Geologist, Office of Geologist, Mines and Mineral Department,
situated at Seva Sadan No.3, Lal Bungalow, Collector compound,
Jamnagar, and so, the applicants may be enlarged on bail.
5. Learned
Additional Public Prosecutor submitted that there is a prima facie
case against the applicants and, therefore, they may not be enlarged
on bail.
6. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, statements of the witnesses, gravity
of the offence, quantum of punishment, the manner in which the
applicants are involved in the offence, as per the allegations of the
prosecution coupled with the fact that the there is no antecedent of
the present applicants and looking to the evidence on record, and the
fact that other co-accused have been enlarged on bail vide order
dated 20th June,2008 passed by this Court in Criminal
Misc.Application No.7755 of 2008 coupled with the fact that the
applicants are ready and willing to deposit Rs.20 Lacs before the
Geologist, Office of Geologist, Mines and Mineral Department,
situated at Seva Sadan No.3, Lal Bungalow, Collector compound,
Jamnagar, this application is allowed. Upon depositing
total amount of Rs.20 Lacs for both the applicants, before the
Geologist, Office of Geologist, Mines and Mineral Department,
situated at Seva Sadan No.3, Lal Bungalow, Collector compound,
Jamnagar, the applicants are ordered to be released on bail in
connection with the offence registered with Kalyanpur
Police Station, Khambhalia, District: Jamnagar, bearing C.R.No.I ?
32 of 2007, on each of them executing a bond of Rs.5,000/-
(Rupees Five Thousands only) with one surety of like amount to the
satisfaction of the lower 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) maintain law and order;
(d) shall deposit
total amount of Rs.20 Lacs for both the applicants before
the Geologist, Office of Geologist, Mines and Mineral Department,
situated at Seva Sadan No.3, Lal Bungalow, Collector compound,
Jamnagar;
(e) not leave the State of Gujarat
without the prior permission of the Sessions Court concerned;
(f) furnish the address
of their residence at the time of execution of the bond and shall not
change the residence without prior permission of this Court;
(g) surrender their passport, if any,
to the lower Court within a week.
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 before the lower Court having
jurisdiction to try the case.
9. The aforesaid deposition of the
amount, by the applicants is without prejudice to the rights and
contentions of the applicants as well as receipt of the amount, by
the office of Geologist, Mines and Mineral Department, is without
prejudice to the rights and contentions of the respondent.
10. Rule
is made absolute. Direct service permitted.
(D.N.PATEL,J)
*dipti
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