Gujarat High Court
Vijay vs State on 15 June, 2010
Author: H.B.Antani
Bench: H.B.Antani
Gujarat High Court Case Information System
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CR.MA/5794/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5794 of
2010
=========================================================
VIJAY
BABUBHAI NAIDU - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BC DAVE for
Applicant(s) : 1,MR KUNAL B DAVE for Applicant(s) : 1,
MR DC
SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/06/2010
ORAL ORDER
1. Rule.
Mr DC Sejpal, learned APP waives service of rule on behalf of the State. Having regard to the facts and circumstances of the case and by consent of both the sides, this application is taken up for hearing today.
2. This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicant who came to be arrested in connection with CR No. I-414 of 2009 registered at Umara Police Station, Surat for the offence punishable under Sections 143, 147, 149, 302, 326, 188, 504, 120-B, 212, 34 and 114 of the IPC.
3. Heard Mr Dave, learned advocate for the applicant and Mr DC Sejpal, learned APP for the State at length and in great detail. I have considered the role attributed to the applicant as reflected in the FIR at Annexure-A to the petition, provisions of Sections 143, 147, 149, 302, 326, 188, 504, 120-B, 212, 34 and 114 of the IPC, quantum of punishment, etc. The police papers which are produced by the learned APP is carefully taken into consideration by me. Similarly situated co-accused who is already enlarged on bail and the order passed by this Court in Criminal Misc. Application No. 4659 of 2010 dated 13.05.2010 is also considered by me. Having considered the aforesaid aspect, I am of the view that the applicant also deserves to be enlarged on bail.
4. 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 CR No. I-414 of 2009 registered at Umara Police Station, Surat 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 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 the concerned 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.
5. 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.
6. Bail bond to be executed before the lower Court having jurisdiction to try the case.
7. 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.
8. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
[H.B.ANTANI, J.] mrpandya Top