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CR.MA/14634/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14634 of 2009
=========================================
ANIL
JAGDISHBHAI THAPALIYA
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR KANDRAP H DHOLKIA for
Applicant
MR UMESH TRIVEDI ADDL. PUBLIC PROSECUTOR for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 27/01/2010
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-100/2009 with Jamnagar
Panchkoshi A Division Police Station for the offence punishable
under Sections 399 and 402 of the Indian Penal Code.
Mr.K. H.
Dholakia, learned advocate for the applicant submitted that the
applicant is innocent and false case is registered against him.
Learned advocate for the applicant submitted that considering the
fact that similarly situated accused are already released on bail by
this Court vide order dated 19.01.2010 passed in Criminal Misc.
Application No.14029 of 2009, the applicant deserves to be enlarged
on bail.
Mr.Umesh
Trivedi, learned APP for the respondent State submitted that
considering the role played by the applicant and the manner in which
the alleged offence is committed by the applicant along with the
other accused, no discretionary relief can be granted to the
applicant, and the application deserves to be dismissed.
Heard
Mr.K. H. Dholakia, learned advocate for the applicant and Mr.Umesh
Trivedi, learned Additional Public Prosecutor for the respondent
State at length and in great detail. Having considered the rival
submission and on perusal of the role attributed to the applicant and
the earlier order passed by this Court on 19.01.2010 in Criminal
Misc. Application No. 14029 of 2009, I am of the view that the
applicant deserves to be enlarged on regular 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
C.R. No.I-100/2009 registered at Jamnagar Panchkoshi A Division
Police Station on 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 any day of every
first week 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)
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