Gujarat High Court
Raju @ Raju Marwadi Punamchand ... vs State Of Gujarat on 7 April, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/6791/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 6791 of 2017
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RAJU @ RAJU MARWADI PUNAMCHAND GEHLOT(MOCHI)....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR IMRAN H PATHAN, ADVOCATE for the Applicant(s) No. 1
MS MOXA THAKKAR APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 07/04/2017
ORAL ORDER
1. Heard learned advocate for the applicant and learned A.P.P. for the respondent - State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R.No.I-85 of 2016 registered with Krishnanagar police station, Ahmedabad under Sections 302, 34, 120(b) and 201 of the Indian Penal Code and Section 135(1) of the G.P. Act.
3. Considering the chargesheet papers supplied by the learned A.P.P. during the course of hearing, it appears that the prosecution case rests on circumstantial evidence. Further, three co-accused persons are already granted bail. Therefore, on the ground of parity, present application deserves consideration.
4. Hence, the application is allowed and the applicant is Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Apr 08 00:54:35 IST 2017 R/CR.MA/6791/2017 ORDER ordered to be released on bail in connection with C.R.No.I-85 of 2016 registered with Krishnanagar police station, Ahmedabad 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 the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] not leave the territory of India without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend Court concerned regularly.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
5. The competent authority will release the applicant only if the applicant 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 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 Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Apr 08 00:54:35 IST 2017 R/CR.MA/6791/2017 ORDER bail.
6. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) Hitesh Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Apr 08 00:54:36 IST 2017