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CR.MA/7326/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7326 of 2010
====================================================
SUNILSINGH
@ GURU @ GURUJI @ BANTI @ CHHOTU S/O VINODSINGH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
HEMANT B RAVAL for Applicant(s) : 1,
MS MINI NAIR ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 22/07/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with CR No. II – 3040 of
2009 registered with D.C.B. Police Station, Ahmedabad for the
offences punishable under Sections 25(1)B,A and 27 of the Arms Act.
Mr.
Raval, learned advocate for the applicant submitted that the
applicant is an innocent person and he has been falsely implicated in
the commission of offence as reflected in the FIR. The applicant has
not participated in the commission of the offence nor played any
overt act in the commission of the offence. Considering the prayer as
set out in the application, the applicant be enlarged on bail.
Learned
APP Mr. Trivedi appearing on behalf of the State, while opposing the
bail application, submitted that the applicant is involved in the
serious offence. Considering the role attributed to the applicant and
the nature of the offence, no discretionary relief be granted to the
applicant and the application be dismissed.
I
have heard the learned counsel for the applicant and learned APP for
the respondent State at length and in great detail. I have
considered the role attributed to the applicant which is reflected in
the FIR at Annexure A as well as police papers. The applicant has
not participated in the commission of the offence or played any overt
act. Considering the peculiar facts and circumstances of the case,
the applicant deserves to be enlarged on bail. However, stringent
terms and conditions are required to be imposed on the applicant
while releasing his on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with C.R. No. II – 3040 of 2009 registered with D.C.B. Police
Station, Ahmedabad on his 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 every 30th
day of every English Calender month 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 her
residence without prior permission of this Court;
[g] maintain
law and order.
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.
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. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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