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CR.MA/495/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 495 of 2011
=========================================================
BACHUJI
MAGANJI THAKOR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
AB GATESHANIYA for
Applicant(s) : 1 - 2.
MR AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/02/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
C.R. No.I-246/2010 with Adalaj Police Station (District
Gandhinagar), for the offences punishable under Sections 406, 420,
465, 467, 468, 471, 120(B) and 114 of Indian Penal Code.
Mr.
N.D. Nanavati, learned Senior Counsel has submitted that ordinarily
the averments / allegations made in the FIR may not require any
detailed scrutiny when the investigation is yet not over but in this
case, the statement of the complainant about Entry Nos.1540 that the
said entry was certified and it was not cancelled or disapproved is
utterly incorrect. Infact, the above entry and subsequent entry were
challenged and the same is set aside. Besides, the Civil Suit is
pending before the competent Civil Court. It is further submitted
that the very land in question referred to in the said FIR was sold
by the complainant on 04.06.2009 and thereafter, this complaint is
filed. The above aspect coupled with availability of the applicant
during course of trial and by imposing suitable conditions, the
applicants may be enlarged on bail.
Heard
learned APP for the respondent-State.
Considering
the overall aspects and nature of allegations levelled in the First
Information Report and transactions which have taken place and
proceedings initiated by the party before the revenue authorities
and the Civil Court, I deem it just and proper to enlarge the
applicants on bail by imposing suitable conditions.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.246/2010 with
Adalaj Police Station (District Gandhinagar) on executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) with one surety of the like
amount to the satisfaction of the Trial Court and subject to the
conditions that they 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 their residence/s to the
Investigating Officer 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 applicants 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.
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 applicants on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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