Gujarat High Court Case Information System
Print
CR.MA/8388/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8388 of 2010
=====================================================
VITTHALBHAI
PUNAMBHAI PARMAR & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
BHUNESH C RUPERA for Applicant(s) : 1 - 3.
MR HL JANI ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/08/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicants, who came to be arrested
in connection with CR No. I – 62 of 2010 registered with Bhadran
Police Station, for the offences punishable under Sections 143, 147,
148, 149, 504, 307, 323, 324, 326 and 114 of the Indian Penal Code.
Mr.
Rupera, learned advocate for the applicants submitted that the
applicants are the innocent persons and they have been falsely
implicated in the commission of offence as reflected in the FIR. The
applicants have not participated in the commission of the offence nor
played any overt act in the commission of the offence. He has also
contended that prima facie, the ingredients of Sections 307 and 326
of the Indian Penal Code are not attracted and only on the
presumptions and assumptions, the applicants have been wrongly
involved in the offences. Therefore, considering the prayer as set
out in the application, the applicants be enlarged on bail.
Learned
APP Mr. Jani appearing on behalf of the State, while opposing the
bail application, submitted that the applicants are involved in the
serious offence punishable under Sections 143, 147, 148, 149, 504,
307, 323, 324, 326 and 114 of the Indian Penal Code. Considering the
role attributed to the applicants and the nature of the offence, no
discretionary relief be granted to the applicants 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 applicants which is reflected
in the FIR at Annexure A as well as police papers. Prima facie it
appears that the applicants have not participated in the commission
of the offence or played any overt act and there is no any direct
evidence against the applicants. At this bail stage, without going
into merits of the case, and considering the peculiar facts and
circumstances of the case, the applicants deserve to be enlarged on
bail. However, stringent terms and conditions are required to be
imposed on the applicants while releasing him on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with C.R. No. I – 62 of 2010 registered with Bhadran Police Station
on their executing a bond of Rs.10,000/- [Rupees ten thousand only]
each with one surety of the like amount to the satisfaction of the
trial Court and subject to the conditions that they shall:
[a] not
take undue advantage of their liberty or abuse their liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
their passport, if any, to the lower court within a week;
(d)
Mark their presence at the concerned Police Station on 15th
day of every English Calender month, till the trial is over;
(e) not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[f] furnish
the present address of their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[f] 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 applicants on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
Top