Gujarat High Court
Kanubhai Son Of Chelabhai Keshabhai ... vs State Of Gujarat on 29 February, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/4216/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 4216 of 2016
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KANUBHAI SON OF CHELABHAI KESHABHAI BHARWAD....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR.NANDISH H THACKAR, ADVOCATE for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 29/02/2016
ORAL ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure by the applicant-original accused for regular bail in connection with F.I.R. registered at C.R. No. I - 20 of 2016 with Sola High Court Police Station, District-Ahmedabad.
2. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
4. I have heard learned advocates appearing for the parties. Considering the allegations levelled against the Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Mar 01 02:36:43 IST 2016 R/CR.MA/4216/2016 ORDER present applicant in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with F.I.R. registered at C.R. No. I - 20 of 2016 with Sola High Court Police Station, District-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 he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries 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 initially for a period of three months and thereafter, on any day of first week of every English calendar month for a period of one year, between 10:00 a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the I.O. and also to the Court at the time of Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Mar 01 02:36:43 IST 2016 R/CR.MA/4216/2016 ORDER execution of the bond and shall not change the residence without prior permission of this Court.
5. 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 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 bail. Rule made absolute to the aforesaid extent.
Direct service is permitted.
(A.J.DESAI, J.) Ashish Tripathi Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Mar 01 02:36:43 IST 2016