Gujarat High Court Case Information System
Print
CR.MA/14294/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14294 of 2009
=========================================
IQRAMUDDIN
SULAYMANKHAN MEV
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR MA KHARADI for Applicant
MR
UMESH TRIVEDI ADDL. PUBLIC PROSECUTOR for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/01/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant who was arrested in
connection with FIR registered as CR No.I 88 of 2009 with
Rajpipla Police Station, District: Narmada for the offence punishable
under Sections 395, 341, 342, 365, 402, 412, 465, 468, 471, 511,
216(A), 120(B) and 34 of the of the Indian Penal Code.
Mr.M. A.
Kharadi, learned advocate for the applicant submitted that the
applicant has not played any vital role in the alleged commission of
offence and false case is registered against him. Learned advocate
for the applicant submitted that no role is attributed to the
applicant as can be seen from the FIR at Annexure A to the
application and, therefore, it is a fit case to enlarge the applicant
on bail. Learned advocate for the applicant has placed reliance upon
the order dated 06.08.2009 passed by this Court [Coram: Rajesh H.
Shukla,J.] in Criminal Misc. Application No.8671 of 2009 and another
order dated 17.07.2009 passed by this Court [Coram: Rajesh H.
Shukla,J.] and Criminal Misc. Application No.6808 of 2009 and
submitted that considering the fact that other accused persons are
released on bail by this Court, even on the ground of parity, the
applicant deserves to be enlarged on bail.
Mr.Umesh
Trivedi, learned APP for the respondent – State, while opposing the
application, submitted that the applicant is involved in serious
offence punishable under Sections 395, 341, 342, 365, 402, 412, 465,
468, 471, 511, 216(A), 120(B) and 34 of the of the Indian Penal
Code. Learned APP submitted that as the applicant is a main culprit,
the application deserves to be dismissed.
Heard Mr.
M. A. Kharadi, learned advocate for the applicant and Mr.Umesh
Trivedi, learned Additional Public Prosecutor for the respondent
State at length and in great detail. I have considered the role
attributed to the applicant which is reflected in the FIR at Annexure
A, the police papers produced by the learned APP as well as
order dated 06.08.2009 passed by this Court [Coram: Rajesh H.
Shukla,J.] in Criminal Misc. Application No.8671 of 2009 and another
order dated 17.07.2009 passed by this Court [Coram: Rajesh H.
Shukla,J.] in Criminal Misc. Application No.6808 of 2009.
Considering the role attributed to the applicant, the offence alleged
against the applicant, the quantum of punishment and police papers
etc., I am of the view that the applicant is required to be enlarged
on bail. However, stringent terms and conditions are required to be
imposed on the applicant while releasing him on bail.
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
– CR No.88 of 2009 registered at Rajpipla Police Station on executing
a bond of Rs.20,000/- [Rupees twenty thousand only] with two sureties
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 every 1st
and 15th day 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.
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 applicant on bail.
Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
[H.B.
ANTANI, J.]
(vijay)
Top