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CR.MA/11986/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11986 of 2008
=========================================================
HAREN
LALSHANKAR JOSHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
VK JOSHI for
Applicant(s) : 1,
MR.MAULIK NANAVATI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/09/2008
ORAL
ORDER
Rule.
Mr.Nanavati, learned Addl. Public Prosecutor for the State waives the
service of notice of Rule. With the consent of learned Advocate for
the respective parties, the matter is taken up for final hearing.
Present application is filed under
Section 439 of the Cr.PC by the applicant-org. accused No.3 for
releasing him on regular bail in connection with FIR registered
being I-79 of 2008 at Botad Police Station, for the offence
punishable under Sections 406, 409, 420 and 114 of the IPC.
Learned Advocate for the applicant
has submitted that investigation is already concluded and there is
no possibility now to tamper or hamper with the evidence on record
and the case of the applicant is based upon mainly on documentary
evidence. It is also submitted that as such the applicant has
already deposited the entire amount alleged to have been
misappropriated and therefore the case of the applicant for bail
deserves to be considered.
Considering the fact that the
investigation is over, charge-sheet is already filed and the amount
alleged to be misappropriated is already deposited by the applicant
and the fact that the case rests on documentary evidence and now
there is no possibility of tampering or hampering with the evidence,
case of the applicant for bail
deserves to be considered.
Considering the submissions made on
behalf of the learned Advocate for the respective parties and the
above aspect, the application deserves to be allowed and is allowed.
The applicant is ordered to be released on bail in connection with
Crime Register No.I-79 of 2008 of Botad Police Station, on
his executing a bond of Rs.5,000/- (Rupees Five Thousand only) with
one 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 act in a manner injurious to
the interest of the prosecution;
c) maintain law and order;
d) mark his presence before
concerned Police Station on every 1st and 15th
day of every English calendar month between 9.00 a.m. and 2.00 p.m.
for three months.
e) not leave the State of Gujarat
without the prior permission of the Sessions Court concerned;
f) furnish the address of his
residence at the time of execution of the bond and will not change
the residence without prior permission of this Court;
g) surrender his passport, if any,
to the lower Court within a week;
6. 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.
7. Bail before the lower Court having
jurisdiction to try the case.
8. Rule is made absolute. Direct
Service is permitted.
(M.R.SHAH, J.)
sompura
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