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CR.MA/12601/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12601 of 2010
=======================================================
RAKESH
@ NARESH BHIMABHAI
@
BHIMJIBHAI RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
NR KODEKAR for Applicant(s) : 1,
MS MINI NAIR APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 27/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet.
The
applicant-accused is charged with having committed offences
under Sections 393 and 114 of the Indian Penal Code, for which, FIR
being I-C.R.No.159/2010 has been lodged at Salabatpura Police
Station, Surat.
Learned
counsel, Mr.N.R. Kodekar for the applicant referred to the papers
and submitted that as now the chargesheet has been filed, the
present application may be allowed looking to the nature of offence.
Learned
A.P.P., Ms.Nair resisted the present application and submitted that
he has been arrested from the place and there are other five cases
registered against him.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and having considered the nature of
offence, role attributed as well as antecedents as also the fact
that the chargesheet has now been filed, the present application
deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.159/2010
registered with Salabatpura 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
to 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
commences.
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.
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.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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