Gujarat High Court
Ghanshyambhai vs State on 15 March, 2010
Author: H.B.Antani
Bench: H.B.Antani
Gujarat High Court Case Information System
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CR.MA/2183/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2183 of
2010
=========================================================
GHANSHYAMBHAI
SITARAM JOHARI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MRMPSHAH
for Applicant(s) : 1,MS.
KRUTI M SHAH for Applicant(s) : 1,
MR. D C SEJPAL, APP for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/03/2010
ORAL
ORDER
1. This is an application preferred under Section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail, who has been arrested, in connection with F.I.R. registered as C.R. No. I-2 of 2010 with Bardoli Police Station, District Surat for the offence punishable under Sections 420, 465, 467 and 471 of the Indian Penal Code.
2. Learned advocate for the applicant submitted that the applicant is an innocent person and he has been falsely implicated in the alleged offence punishable under Sections 420, 465, 467 and 471 of the Indian Penal Code. Learned advocate further submitted that considering the role attributed to the applicant as reflected in F.I.R. at Annexure-A to the application and since the co-accused has already been released by this Court vide order dated 04.03.2010 passed in Criminal Misc. Application No. 1380 of 2010, the applicant even, on the ground of parity, deserve to be enlarged on bail.
3. Learned A.P.P. Mr. D.C. Sejpal, representing the State, while opposing the bail application, submitted that the applicant is involved in a serious offence punishable under Sections 420, 465, 467 and 471 of the Indian Penal Code. Learned A.P.P. further submitted that considering the role attributed to the applicant and the manner in which the offence is committed by him along with other accused, no discretionary relief be granted to the applicant and the application deserves to be dismissed.
4. I have heard learned advocate Ms. Kruti M. Shah appearing for the applicant and learned A.P.P. Mr. D.C. Sejpal appearing for the State at length and in great detail. I have considered the rival submissions, averments made in the application, role attributed to the applicant which is reflected in F.I.R. at Annexure-A to the application, provisions of Sections 420, 465, 467 and 471 of the Indian Penal Code, quantum of punishment, police papers etc. and the fact that the co-accused has already been enlarged on bail by this Court vide order dated 04.03.2010 passed in Criminal Misc. Application No. 1380 of 2010, I am of the view that the present applicant also deserve to be enlarged on bail.
5. 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-2 of 2010 registered at Bardoli Police Station, District Surat on executing a bond of Rs. 10,000/- (Rupees twenty 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 Bardoli 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.
6. 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.
7. Bail bond to be executed before the lower Court having jurisdiction to try the case.
8. 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.
9. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(H.B.ANTANI,J.) Shekhar Top