Gujarat High Court
Mahavirsingh vs State on 21 February, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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CR.MA/865/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 865 of 2011
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MAHAVIRSINGH
VIKRAMSINGH GOHIL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
PJ YAGNIK for Applicant(s) : 1,
MR AJ DESAI APP for Respondent(s)
: 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/02/2011
ORAL
ORDER
Rule.
Mr. learned APP, waives service of notice of Rule for respondent - State.
This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at CR No.I 93/2009 with Kotda Sangani Police Station, for the offences punishable under Sections 302, 364, 365, 201, 120(b), 506(2), 114 of the Indian Penal Code.
Learned counsel appearing for the applicants submits that charge sheet is filed. It is further submitted that the entire prosecution story is based on circumstantial evidence and the circumstances to connect the applicant in the crime are not visible. He further submits that the applicant has roots in the society, will not flee from justice and will cooperate with the investigation as and when called for. It is further submitted that in view of the above, the applicant may be enlarged on bail.
Heard learned APP for the respondent - State.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences coupled with the fact that charge sheet is filed, without discussing the evidence in detail, at this stage, I am inclined to enlarge the applicant on bail.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at C.R. No.I 93/2009 with Kotda Sangani Police Station on executing a bond of Rs.5,000/- (Rupees Five thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
not take undue advantage of liberty or misuse liberty;
not act in a manner injurious to the interest of the prosecution;
surrender passport, if any, to the lower court within a week;
not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
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 the residence without prior permission of this Court;
The Authorities will release the applicant only if 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.
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 to the aforesaid extent. D.S. Permitted.
(ANANT S. DAVE, J.) *pvv Top