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CR.MA/8791/2010 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8791 of 2010
=========================================================
YOGENDRASINH
GHANSHYAMSINH SARVAIYYA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ND NANAVATI FOR MR VIRAL K SHAH
for
Applicant(s) : 1 - 2.
MR UA TRIVEDI ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 18/08/2010
ORAL
ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicant who has been arrested in connection with
C.R. No. I – 52 of 2010 registered with the R.R. Cell Police Station,
Ahmedabad for the offence punishable under sections 379, 407, 411,
465, 414 and 114 of the Indian Penal Code.
Mr.
N.D. Nanavati, learned senior advocate for Mr. Shah, appearing on
behalf of the applicants submitted that the applicants are the
innocent persons and a false case is foisted on them. He submitted
that the allegations if accepted, , there is no prima facie case is
constituted against the applicants. Considering the role attributed
to the applicants as reflected in the FIR at Annexure ‘A’ to the
application, this is a fit case to enlarge the applicants on regular
bail.
As
against the aforesaid, learned APP Mr. Trivedi submitted that the
applicants are involved in the serious offence and considering the
role played by the applicant, no discretionary relief can be granted
to the applicants, 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’ and the quantum of punishment etc. and prima
facie, there is no any direct evidence against the applicants, which
involve the applicants in the commission of the offence, I am of the
view that the the applicants are 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 applicants are ordered to be enlarged on bail in connection
with C.R. No. I 52 of 2010 registered with the R.R. Cell Police
Station, Ahmedabad 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]. not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[e]. 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
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