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CR.MA/1540/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1540 of 2010
=========================================
TALPADA
PARSHOTTAM @ PASHABHAI PUNJABHAI TALPADA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
HL
PATEL ADVOCATES for
Applicant(s) : 1,
MS. KRINA CALLA, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/02/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure, 1973 by the applicant for regular bail, who has been
arrested, in connection with F.I.R. registered as I-C.R. No. 110 of
2009 with Unjha Police Station for the offence punishable under
Sections 457 and 380 of the Indian Penal Code.
2. Learned
advocate for the applicant submitted that the applicant is an
innocent person and the false case is foisted on him punishable under
Sections 457 and 380 of the Indian Penal Code. He further submitted
that considering the role attributed to the applicant which is
reflected in the F.I.R. at Annexure-A to the application, he deserves
to be enlarged on bail.
3. Learned
A.P.P. Ms. Krina Calla representing the State, while opposing the
bail application, submitted that the applicant is involved in the
offence punishable under Sections 457 and 380 of the Indian Penal
Code. Considering the role attributed to the applicant which is
reflected in the F.I.R. at Annexure-A to the application and the
manner in which the offence is committed by him, no discretionary
relief be granted to the applicant and the application deserves to be
dismissed.
4. I
have heard learned Advocate Mr. H.L. Patel appearing for the
applicant and learned A.P.P. Ms. Krina Calla appearing for the State
at length and in great detail. I have considered the rival
submissions, averments made in the application, role attributed to
the applicant which is reflected in F.I.R. at Annexure-A to the
application, provisions of Sections 457 and 380 of the Indian Penal
Code, quantum of punishment, police papers, criminal antecedents
etc., I am of the view that the applicant deserves to be enlarged on
bail without discussing the evidence in detail.
5. 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 I-C.R. No. 110 of 2009 registered at Unjha Police Station 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.
6. 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.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,J.)
Shekhar
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