Gujarat High Court
Sardarbhai vs State on 11 February, 2010
Author: H.B.Antani
Bench: H.B.Antani
Gujarat High Court Case Information System
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CR.MA/579/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 579 of 2010
=========================================================
SARDARBHAI
SALIYABHAI PALAS & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
UM SHASTRI for
Applicant(s) : 1 - 4.
MR UA TRIVEDI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 11/02/2010
ORAL
ORDER
This is an application under Sec.439 of the Code of Criminal Procedure, 1973, by the applicants who came to be arrested in connection with CR No. 192 of 2009 registered at Godhra Taluka police station for the offence punishable under Sections 454, 457, 380 and 511 of Indian Penal Code.
Learned advocate Mr. U.M. Shastri for the applicants submitted that the applicants are innocent persons and false case is foisted on them. Considering the fact that the applicants made an attempt to commit an offence, they deserve to be enlarged on bail.
Learned APP Mr. U.A. Trivedi, representing the opponent State, while opposing the bail application, submitted that considering the role attributed to the applicants which is reflected in the FIR at Annexure:A to the application and criminal antecedents, no discretionary relief be granted and the application deserves to be dismissed.
I have considered the rival submissions. On perusal of the averments made in the application, role attributed to the applicants which is reflected in the FIR at Annexure:A to the application, provisions of Sections 454, 457, 380 and 511 of IPC and past antecedents, I am of the view that the applicants deserve to be enlarged on bail.
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 CR No.I 192 of 2009 registered at Godhra Taluka Police Station on executing a bond of Rs.10,000/- [Rupees ten thousand only] each with one surety each 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] mark their presence at the concerned Police Station on any day of first week of every English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
[f] 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;
[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 applicants on bail.
Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(H.B.ANTANI, J.) pirzada/-Top