Gujarat High Court
Vajabhai @ Bobi Kanabhai Bharvad vs State Of on 20 May, 2013
Author: A.J.Desai
Bench: A.J.Desai
VAJABHAI @ BOBI KANABHAI BHARVAD....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/CR.MA/8062/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 8062 of 2013 =========================================================== VAJABHAI @ BOBI KANABHAI BHARVAD....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance: MR PP MAJMUDAR, ADVOCATE for the Applicant(s) No. 1 MS.M.K.THAKKAR, APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 20/05/2013 ORAL ORDER
RULE.
Learned APP Ms.M.K.Thakkar, waives service of notice of rule on behalf of the respondent State.
By way of the present application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant original accused, has prayed to release on regular bail in connection with an offence registered at C.R.No.72/2013 with Fatehganj Police Station, District Vadodara City for the offences punishable under Sections 323, 384, 504, 507, 34 and 506(2) of the IPC.
Heard learned Advocate Mr.P.P.Majmudar for the applicant and learned APP Ms.M.K.Thakkar for the respondent State.
The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of the offences.
I have heard learned advocates appearing for the parties and perused the record. It appears that the applicant has never indulged in any extortion. It further transpires that the applicant is suffering from Polio.
In the facts and circumstances of the case and considering the nature of allegations made in the FIR, I am of the of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No.72/2013 with Fatehganj Police Station, District Vadodara City 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 liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence at the concerned police station once in a week initially for a period of 3 (three) months and thereafter, shall mark his presence twice in a month for a period of 6 (six) months;
[f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 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. Direct Service is permitted.
(A.J.DESAI, J.) Tuvar Page 4 of 4