MANHARBHAI DEVJIBHAI VASAVA - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance :
MRHARSHADKPATEL for Applicant(s) : 1, MR. RC KODEKAR, APP for Respondent(s) : 1, ========================================================= CORAM :
HONOURABLE MR.JUSTICE J.C.UPADHYAYA Date : 25/06/2012 ORAL COMMON ORDER
1. Rule, Mr. Kodekar, learned APP appears and waives service of notice of rule for the respondent-State.
2. The Misc. Criminal Application No. 5741 of 2012 is filed in connection with Nabipur Police Station C.R.No. II-24/2011, Misc. Criminal Application No. 5743 of 2012 is filed in connection with Nabipur Police Station C.R.No. II-12/2011 and Misc. Criminal Application No. 5745 of 2012 is filed in connection with Nabipur Police Station C.R.No. II-42/2011, all regarding the offence 136(1)(A) of the Electricity Act and Section 413 r/w Section 34 of the IPC and Section 3 and 7 of Damage to Public Property Act. The applicant, who is common, has filed these applications for regular bail.
3. Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicant in the FIR and also punishment prescribed for the offence, the applications deserve to be granted. However, while rejecting the application for regular bail of the applicant, the sessions court observe that sixteen other offences were registered against the applicant for which Mr. Patel submitted that in the previous offences the applicant was released on bail and in none of the offences he is convicted.
4. Learned counsel for the parties do not press for further reasoned order.
5. In the facts and circumstances of the case, the applications are allowed and the applicant is ordered to be released on bail in connection with F.I.Rs. being C.R.No. II-24/2011, C.R.No. II-12/2011 and C.R.No. II-42/2011 registered with Nabipur Police Station, on executing a bond of Rs. 10,000/- (Rupees Ten Thousand only)for each matter 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 India without prior permission of the trial Court 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 the trial Court.
6. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
7. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter.
8. Bail bond to be executed before the lower court having jurisdiction to try the case.
9. For modification and/or deletion of any of the conditions herein above, the applicant 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.
10. 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.
11. Rule is made absolute accordingly. Direct service is permitted.
(J.C.UPADHYAYA, J.) Ashish N.
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