Gujarat High Court Case Information System
Print
CR.MA/3240/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3240 of 2011
======================================
SUKHLAL
DHULJI PATEL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
HARDIK A DAVE for Applicants
Mr.
K.L. Pandya, APP, for respondent
No.1
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/03/2011
ORAL
ORDER
Rule.
Mr. learned APP, waives service of notice of Rule for respondent
State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 95/2009 with Ellisbridge Police Station, for the offences
punishable under Sections 380, 454 etc. of the Indian Penal Code.
Learned
counsel appearing for the applicants submits that charge
sheet is filed. It is further submitted that the applicant
is falsely involved in the crime and he has not committee the
alleged crime. It is further submitted that the
applicant will not flee from justice and will cooperate with the
investigation as and when called for. It is further submitted that
in view of the above, the applicant may be enlarged on bail.
Heard
learned APP for the respondent State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences, without discussing the evidence
in detail, at this stage, I am inclined to enlarge the applicant on
bail by imposing an additional condition that the applicant shall
not enter into the city and district of Ahmedabad for a period of 6
months.
Learned
counsel for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at C.R. No.I 95/2009 with
Ellisbridge Police Station on executing a bond of Rs.5,000/- (Rupees
Five thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
he shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
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 the
residence without prior permission of this Court;
shall
not enter into the city and district of Ahmedabad for a period of
six months;
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to
try the case.
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.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
[swamy]
Top