Gujarat High Court
Ashok Hirji Paradhi vs State Of Gujarat on 21 May, 2020
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/6768/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6768 of 2020
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ASHOK HIRJI PARADHI
Versus
STATE OF GUJARAT
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Appearance:
SUDHIR M KHANNA(7963) for the Applicant(s) No. 1
MS. NISHA THAKORE, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 21/05/2020
ORAL ORDER
The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being CR-I/11205033200102 of 2020 registered before Mundra Marine Police Station, District:
Kachchh for the offence punishable under Sections 307, 114, 269, 270 and 188 of the Indian Penal Code and Section 135 of the G.P.Act.
Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
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R/CR.MA/6768/2020 ORDER Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being CR-I/11205033200102 of 2020 registered before Mundra Marine Police Station, District:
Kachchh on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
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R/CR.MA/6768/2020 ORDER
[b] not act in a manner injurious 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 before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[f] furnish latest and permanent address of residence to the Investigating Officer 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; [g] not enter into the village Hatadi, Taluka Mundra till filing of the charge sheet.
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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify Page 3 of 4 Downloaded on : Thu May 21 22:37:48 IST 2020 R/CR.MA/6768/2020 ORDER and/or relax any of the above conditions, in accordance with law. At the trial, learned 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 This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.
(B.N. KARIA, J) Dolly Page 4 of 4 Downloaded on : Thu May 21 22:37:48 IST 2020