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CR.MA/10628/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10628 of 2010
=========================================
RAJUBHAI
RAMJIBHAI GARASIYA
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR MA KHARADI for Applicant
MR
HH PARIKH ADDL. PUBLIC PROSECUTOR for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 21/09/2010
ORAL
ORDER
This
application is filed, after filing of charge-sheet, under section 439
of the Code of Criminal Procedure by the applicant who has been
arrested in connection with C.R. No. I – 24 of 2010 registered with
Fatehpura Police Station, District: Dahod for the offence punishable
under sections 323, 325, 506, 114, 326 and 302 of the Indian Penal
Code.
Learned
advocate for the applicant submitted that the applicant is an
innocent person and a false case is foisted on him. He submitted that
the FIR came to be lodged after a delay of more than two weeks.
Though the incident occurred on 25.04.2010, the FIR was lodged on
10.05.2010 with a concocted and got up story. He submitted that the
deceased was passed away after one month and there is no nexus
between the so called injuries and the death. He submitted that it is
not the case of Section 302 of the I.P.C., but only it is a case of
Section 304, Part- II of the I.P.C. He submitted that considering the
role attributed to the applicant and reflected in the FIR at Annexure
‘A’ to the application, this is a fit case to enlarge the applicant
on regular bail.
As against
the aforesaid, learned APP submitted that considering the role played
by the applicant, no discretionary relief can be granted to the
applicant, and the application deserves to be dismissed.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicant and reflected in the
FIR at Annexure A, the quantum of punishment etc., and the
co-accused is released by this Court, I am of the view that the
applicant is required to be enlarged on regular bail at this stage on
stringent conditions, without entering into the merits of the case
and without discussing the evidence in detail.
The
parties do not press for further reasoned order.
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
C.R. No. I – 24 of 2010 registered with Fatehpura Police Station,
District: Dahod, on his 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 1st day of
each 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.
[
Z. K. SAIYED, J. ]
(vijay)
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