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Balwantbhai vs State

High Court Of Gujarat|18 June, 2012

JUDGMENT / ORDER

BALWANTBHAI @ PAILOT SOMABHAI RATHOD - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance :
MR RAXIT J DHOLAKIA for Applicant(s) : 1, MR.K.L.PANDYA, LD.ADDITONAL PUBLIC PROSECUTOR for Respondent(s) :
1, ========================================================= CORAM :
HONOURABLE MR.JUSTICE J.C.UPADHYAYA Date : 18/06/2012 The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Matar Police Station, District: Kheda CR No.I-92 of 2011 for the offences punishable under Sections 395, 452 read with 120B of the Indian Penal Code and Section 135 of the Bombay Police Act.
Mr.Dholakia, learned advocate for the applicant, submitted that, in the instant matter, the entire investigation is over and even charge-sheet is filed. It is submitted that considering the charge-sheet papers, at the time of alleged decoity, the applicant was not present and no role is attributed to him in the main incident. It is submitted that the role attributed to the applicant is that after the incident was over, he assisted and abetted the accused nos. 1 to 5 and he took them to some another place. It is further submitted that nothing is recovered from the applicant nor anything is discovered at his instance.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicant in the incident regarding aiding and abetting original accused nos. 1 to 5 after the incident, and the fact that nothing was recovered or discovered from him, this Court is of the opinion that the application deserves to be allowed.
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 CR No.I-92 of 2011 with Matar Police Station, Dist:Kheda, 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 injurious 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 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;
(f) furnish the present address of 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order 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 is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top
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Title

Balwantbhai vs State

Court

High Court Of Gujarat

JudgmentDate
18 June, 2012