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CR.MA/924/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 924 of 2011
=============================================
VISHNU
@ RAJU DALPATSINH SODHA PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR HEMANT B RAVAL for
Applicant(s) : 1,
MR AJ DESAI ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/02/2011
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-223 of 2010 with Nadiad Rural Police Station, District:
Kheda, for the offences punishable under Sections 379 and 114 of the
Indian Penal Code.
2. Learned
counsel appearing for the applicant submits that charge-sheet is
filed and considering the nature of evidence, role attributed to the
applicant and punishment prescribed and that the applicant is falsely
implicated in the crime on the basis of the past instances, this
application for bail may kindly be considered by imposing suitable
conditions.
3. Heard
learned APP for the respondent – State who opposed grant of
bail looking to the nature and gravity of offence.
4. 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 and now the investigation is over, I am
inclined to enlarge the applicant on bail.
5. Learned
counsel for the parties do not press for further reasoned order.
6. 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 CR No.I-223 of 2010 with
Nadiad Rural Police Station, District: Kheda, 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;
(a) not
take undue advantage of liberty or misuse liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
passport, if any, to the lower court within a week;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(e) the
applicant will not enter into District of Kheda and Nadiad for a
period of six months except for attending the trial or marking
presence as the case may be.
(f) 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;
(g) 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;
7. The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
8. 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.
9. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
10. 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.
11. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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