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CR.MA/13298/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13298 of 2009
=========================================================
RAJESH
BABUBHAI KAKADIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Applicant(s) : 1,
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 04/10/2010
ORAL
ORDER
1. Present
application has been filed by the applicant-accused for grant of
regular bail under Section 439 of Criminal Procedure Code.
2. The
applicant accused is charged with having committed offences
punishable under Sections 489(A),(B),(C),(D), 34 and 120 of the
Indian Penal Code, for which, FIR being I CR No.128 of 2009 has
been registered with Puna Police Station, Surat.
3. Learned
advocate, Mr BM Mangukiya for the applicant referred to the FIR as
well as other papers in the impugned order and submitted that
considering the role of the applicant and as the charge-sheet has
been filed, the present application may be allowed. It is submitted
that the printer machine is not recovered or discovered from his
residence or at his instance, but it is at the residence of accused
No.1 and therefore, the present application may be allowed.
4. Learned
APP, Ms Mini Nair resisted the present application.
5. Having
heard learned advocate Mr BM Mangukiya for the applicant-accused and
learned APP Ms Mini Nair for the State and having considered the
nature of offence, manner in which it is alleged to have committed,
role attributed and also considering the rival submissions and the
fact that the charge-sheet has now been filed, the present
application deserves to be allowed.
6. Accordingly,
the present application is allowed. The applicant is ordered to be
released on regular bail in connection with I CR No.128 of 2009
registered with Puna Police Station, Surat on his executing a bond of
Rs.5,000/- (Rupees five thousand only) with one solvent surety of the
like amount to the satisfaction of the lower Court and subject to the
conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
try to tamper or pressurize the prosecution witnesses or complainant
in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the trial is
over.
7. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
mrpandya
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