Gujarat High Court
Rameshbhai vs State on 25 November, 2011
Author: Z.K.Saiyed
Bench: Z.K.Saiyed
Gujarat High Court Case Information System
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CR.MA/14521/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14521 of 2011
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RAMESHBHAI
KHIMABHAI SAGATHIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance
:
MR
KAMAL M SOJITRA for Applicant(s) : 1,MS NIKETA V BHALARA for
Applicant(s) : 1,
MS KRINA CALLA ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/11/2011
ORAL
ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I-28 of 2011 with Bagasara police station, Dist: Amreli, for the offences punishable under Sections 306, 365, 323, 507, 506(2), 34 and 384 of the Indian Penal Code.
2. Learned advocate for the applicant submitted that the applicant is an innocent person and he has been wrongly arraigned in the commission of the offence. He submitted that co-accused have been released by this Court by order dated 18.11.2011 passed in Criminal Misc. Application Nos.15038 of 2011, 15756 of 2011 and 15038 of 2011. Therefore, he prayed to release the applicant by imposing suitable conditions.
3. Heard learned APP for the respondent - State.
4. In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant, now charge sheet is filed and the fact that the co-accused have been released by this Court, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
5. Hence, 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-28 of 2011 with Bagasara police station, Dist:
Amreli, on his 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 i. not take undue advantage of his liberty or misuse his liberty;
not act in a manner injuries to the interest of the prosecution;
surrender his 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 his presence at the concerned police station on every 1st day of each English Calender month between 10 a.m. and 3 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;
6. 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. 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. Direct service. Permitted.
(Z.K.SAIYED,J.) ynvyas Top