Gujarat High Court Case Information System
Print
CR.MA/12998/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12998 of 2010
=========================================
JAYDEEP
@ JINAL S/O NARESHBHAI THAKAR
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR RAJKUMAR CHAUMAL for
Applicant
MR LR PUJARI APP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/11/2010
ORAL
ORDER
1. RULE.
Mr.L.R.Pujari, learned APP waives service of notice of rule on behalf
of the respondent – State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered at
C.R.No. I-216 of 2010 with Dabhoda Police Station, District :
Gandhinagar, for the offences punishable under Sections 395 and 397
etc. of the Indian Penal Code.
3. Mr.R.
J. Goswami, learned advocate for Mr.Rajkumar Chaumal, learned
advocate for the applicant submits that the applicant is studying in
a College and allegations levelled against him are false. It is
further submitted that even in identification parade carried out, the
applicant was not identified. He submits that by imposing suitable
conditions, the applicant is required to be enlarged on bail.
4. Mr.L.
R. Pujari, learned APP for the respondent – State submits that
considering the gravity of crime and prima faice material available
against the applicant, the applicant may not be enlarged on bail.
5. Considering
the nature of allegations, gravity of crime viz-a-viz the role
attributed to the applicant and material surfaces on record, prima
facie by imposing suitable conditions, the applicant can be given
benefit of dimension under Section 439 of the Criminal Procedure
Code, the applicant is required to be enlarged on bail.
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 C.R.No. I-216 of 2010
with Dabhoda Police Station, District : Gandhinagar, on executing
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
his 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) mark
his 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;
(f) furnish
the present address of 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 he is 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 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. Direct service is
permitted.
[
ANANT S. DAVE, J. ]
vijay
Top