Gujarat High Court Case Information System
Print
CR.MA/11507/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11507 of 2011
=========================================
SINDHI
(DAFER) GULABBHAI MUSABHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
YJ PATEL for
Applicant(s) : 1,
MR MAULIK NANAVATI, LD. ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/09/2011
ORAL
ORDER
By
way of present application, filed under Section 439 of the Code of
Criminal Procedure, 1973, the applicant has prayed to release him on
regular bail in connection with the offence registered as CR No.I-75
of 2005 registered with Panshina Police Station, Surendranagar for
the offences punishable under Sections 395 and 114 of the Indian
Penal Code.
Heard
Mr.Y.J. Patel, learned counsel for the applicant and Mr.Maulik
Nanavati, learned Additional Public Prosecutor for the
respondent-State.
Mr.Patel
has contended that the applicant is innocent and is not even
remotely connected with the offence in question. He has also
contended that very small amount is involved in the matter. He has
also contended that the applicant is a very poor person and no
identification parade is held. He has also contended that the
co-accused have already been released on bail and therefore, on the
ground of parity also, present applicant may kindly be released on
bail. He, therefore, contended that looking to the overall facts and
circumstances of the case, present applicant may be enlarged on
regular bail.
Mr.Nanavati,
learned Additional Public Prosecutor, has vehemently opposed the
present application.
Heard
learned counsel for the respective parties and perused papers
produced before me. It appears from the papers that this is a fit
case to entertain.
Considering
the above, present application is allowed. The applicant is ordered
to be released on bail in connection with CR No.I-75 of 2005
registered with Panshina Police Station, Surendranagar for the
offence alleged against him in this application on his executing a
bond of Rs.10,000/- (Rupees ten thousand only) with one solvent
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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave State without the prior permission of the concerned Court;
f) mark
his presence on every 1st and 15th day of each
Calender month before the Investigating Officer between 09.00 hours
and 14.00 hours;
g) furnish
the 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
the residence without prior permission of this Court;
h) surrender
his passport, if any, to the lower Court within a week.
If
the breach of any of the above conditions is committed, the
concerned Court will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for. Rule is made absolute.
Direct
service is permitted.
(Z.
K. Saiyed, J)
Anup
Top