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CR.MA/7718/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7718 of
2008
=========================================
STATE
OF GUJARAT - Applicant(s)
Versus
RONIE
S/O KIRAN RODRICKS - Respondent(s)
=========================================
Appearance :
MR
KT DAVE, APP for
Applicant(s) : 1,
NOTICE SERVED BY DS for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/07/2008
ORAL ORDER
1. RULE.
Mr Ronie, son of Kiran Rodricks, who is present in the Court, waives
service of Rule. In the facts and circumstances of the case, this
matter is taken up for hearing today.
2. Mr
KT Dave, learned Additional Public Prosecutor representing the State
has preferred the present application against the judgment and order
passed by the learned Additional Sessions Judge, Palanpur in Criminal
Misc. Application No.147 of 2008 in Sessions Case No.3 of 2008 dated
31.05.2008 by which the learned Judge granted the application of bail
preferred by the respondent (original accused No.3). The learned
Additional Public Prosecutor submitted that the learned Judge has
erred in granting temporary bail to the respondent after consistently
rejecting the bail application preferred by him mainly on the ground
that he was charged for the very serious offence and he might not be
available at the time of trial, if released on bail. The learned
Additional Public Prosecutor submitted that the learned Judge has
not appreciated in proper perspective the fact that even if the
escort is given to the respondent to visit Mumbai, the police escort
would not be able to handle the accused person since the local police
would not be aware of the geographical areas of Mumbai and accused
can flee from the custody of police. The learned Additional Public
Prosecutor has also placed reliance on the detailed report submitted
by the Police Inspector, LCB, Palanpur dated 21.07.2008, wherein it
has been clearly stated that mother of the respondent has been taking
treatment of Dr. Salim Fakirbhai Saudagar. The statement of Dr.
Salim Fakirbhai Saudagar was also taken by the concerned police
officer on 12.07.2008. ECG was also performed on the mother of the
respondent and it was reported that she was not required to undergo
any operation.
3. In
view of the statement given by the Doctor that mother of the
respondent is not required to undergo any operation, the temporary
bail which was given by the learned Additional Sessions Judge
requires to be set aside. The party? in? person who was present
before the Court was heard at length and in great detail and he could
not say anything about the aforesaid report given by the Police
Inspector, LCB, Palanpur addressed to Mr KT Dave, learned Additional
Public Prosecutor of the State.
4. Considering
the submissions canvassed by the learned Additional Public Prosecutor
as well as party? in? person and the report dated 21.07.2008 filed
by the Police Inspector, LCB, Palanpur, no case is made out by the
respondent and the temporary bail which was granted by the learned
Additional Sessions Judge, Palanpur in Criminal Misc. Application
No.147 of 2008 in Sessions Case No. 3 of 2008 dated 31.05.2008 is
hereby quashed and set aside.
5. For
the foregoing reasons, the application preferred by the State is
allowed and the prayer as set out in para-7(B) to cancel the bail
granted to the respondent vide order dated 31.05.2008 in Criminal
Misc. Application No.147 of 2008 is allowed.
6. Rule
is made absolute to the aforesaid extent.
Necessary
Yadi be transmitted to the jail authority forthwith.
(H.B.
Antani, J.)
mrpandya*
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