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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 60 of 2010 ========================================================= SHERALI ISMAIL MOVAR - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) =========================================================
Appearance : MR ASHISH M DAGLI for Applicant(s) : 1, MS. KRINA CALLA, ADDTIONAL PUBLIC PROSECUTOR for Respondent(s) : 1,

========================================================= CORAM : HONOURABLE MR.JUSTICE H.B.ANTANI

Date : 27/01/2010

ORAL ORDER

This application is preferred under Section 439 of Criminal Procedure Code, 1973, seeking regular bail by the applicant, who came to be arrested in connection with I-CR-NO-87/2009 registered with Morbi Taluka under Police Sections Station for the offence punishable of 302,307,323,34,120B,143,147,148,149

Indian Penal Code read with Section 25(1)(a)(1)(b), 27 of Arms Act read with Section 135 of Bombay Police Act.

Mr. Ashish M. Dagli, learned advocate for the applicant submitted that similarly situated accused involved in the alleged offence are already released on bail by this Court vide order dated 11/12/2009, passed 2009. in Criminal Misc. the Application aspect, No. the 12614 of applicant Considering said

deserves to be enlarged on bail as he was merely sitting in the car along with those accused, who are
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enlarged on bail.

Learned Additional Public Prosecutor, Ms. Krina Calla, opposing representing the bail the respondent-State, submitted while that application,

considering the role attributed to the applicant and since he is involved in a serious offence of murder punishable under Section 302 of Indian Penal Code along with other accused, no lenient view be taken in the matter and the application deserves to be dismissed.

Having considered the rival submissions canvassed by the learned of the counsel for the role parties and on perusal avernments, attributed to the

applicant and since 2 similarly situated accused are already released on bail by this Court vide order dated 11/12/2009, passed in Criminal Misc. Application No. 12614 of 2009, I am of the view that the applicant deserves to be enlarged on bail on the ground of parity.

In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with CR No.I-87 of 2009 registered at Morbi Taluka Police Station on executing thousand a bond of Rs.10,000/one surety each each [Rupees of the ten like only] with

amount to the satisfaction of the Trial Court and subject to the conditions that they shall:

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[a] not enter the local limits of Rajkot District except for the purpose of attending the court proceedings and for marking his presence at the concerned police station, till the trial is over. [b] not take undue advantage of his liberty or abuse his liberty; [c] not act in a manner injurious interest of the prosecution; to the

[d] surrender his passport, if any, to the lower Court within a week; [e] not leave the State of Gujarat without the prior permission of the Sessions Court concerned; [f] mark his presence at the concerned police station on any day of first week of every English calendar month between 9.00 AM and 2.00 PM. till the trial is over;

[g] 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 his residence without prior permission of this Court; [h] maintain law and order. If breach of any of the above conditions is

committed, the Sessions Judge concerned will be free to issue warrant or to 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.

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Rule is made absolute to the aforesaid extent. Direct service is permitted.

(H.B.ANTANI,J.)

Girish

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