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CR.MA/1053020/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10530 of 2008
=========================================================
SUMRA
USMAN JINDABHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MM TIRMIZI for Applicant(s) : 1,
MR HL JANI,
APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/08/2008
ORAL
ORDER
1. RULE.
Mr HL Jani, learned Additional Public Prosecutor waives service of
Rule on behalf of the State. In the facts and circumstances of the
case and by consent of both the sides, this matter is taken up for
hearing today.
2. This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No. I 41 of 2008 registered with Varahi Police Station, Patan for
the offences punishable under Sections 306, 498A and 114 of the
Indian Penal Code.
3. Mr
MM Tirmizi, learned advocate for the petitioner submitted that the
petitioner is the father-in-law of the victim and he has been falsely
implicated in the commission of offences and false case is foisted on
him. The learned advocate for the petitioner submitted that
considering the alleged role of the petitioner which is reflected in
the FIR at Annexure-A to the petition, it is a fit case to release
the petitioner on regular bail.
4. Mr
HL Jani, learned Additional Public Prosecutor representing the State
submitted that the nature of offences in which the petitioner is
involved along with the other accused persons and the manner in which
the offences are committed by him, it is not a fit case to release
the petitioner on regular bail and the application deserves to be
dismissed.
5. I
have heard Mr MM Tirmizi, learned advocate for the petitioner and Mr
HL Jani, learned Additional Public Prosecutor for the State at length
and in great detail. I have also perused the averments made in the
petition, the FIR at Annexure-A to the petition and the order passed
by the learned Additional Sessions Judge in Criminal Misc.
Application No.290 of 2008 and the reasons assigned therein.
Considering the role attributed to the petitioner in the alleged
commission of offences punishable under Sections 306, 498A and 114 of
the IPC, I am inclined to exercise my discretion in favour of the
petitioner, without entering into merits of the case.
6. In
the facts and circumstances of the case, the petition is allowed and
the petitioner is ordered to be enlarged on bail in connection with
CR No. I 41 of 2008 registered at Varahi Police Station, Patan 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 I.O. 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;
[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 to the aforesaid extent. Direct Service is
permitted.
[H.B.
Antani, J.]
mrpandya*
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