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CR.MA/708/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 708 of 2010
=========================================================
VIPUL
ALIAS METAL NARSINHBHAI DUDHAT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MATAFER R PANDE for
Applicant(s) : 1,
MR U A TRIVEDI ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 10/02/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with I-C.R.No.234 of 2009 registered at Mahidharpura
Police Station for the offences punishable under sections 392, 504,
506(2), 188 and 114 of Indian Penal Code.
The
learned advocate Mr.Matafer Pande for the applicant submitted that
considering the role attributed to the applicant and reflected in
First Information Report at Annexure-A to the application, the
applicant is not the main accused and, therefore, he deserves to be
enlarged on bail.
Learned
APP Mr.U.A.Trivedi representing State while opposing the bail
application submitted that applicant is involved in offence
punishable under sections 392, 504, 506(2), 188 and 114 of Indian
Penal Code. Considering the role attributed to the applicant and the
manner in which he committed offence, no discretionary relief be
granted to the applicant and the application deserves to be
dismissed.
I
have heard learned advocate Mr.Pande for the applicant and
Mr.Trivedi, learned Additional Public Prosecutor for respondent
State at length and in great detail.
The
First Information Report at Annexure-A to the application is also
perused by me. The applicant is involved in theft worth of
Rs.16,000/- and one mobile phone and gold chain worth Rs.11,000/- is
recovered as on today from the present applicant. Considering the
provisions of sections 392, 504, 506(2), 188 and 114 of Indian Penal
Code, quantum of punishment etc., I am of the view that the
applicant deserves to be enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.234 of 2009 registered at Mahidharpura 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 calender 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.
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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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