Gujarat High Court Case Information System
Print
CR.MA/11416/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11416 of 2010
=========================================================
HASMUKHBHAI
JIVANBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
AJ YAGNIK for Applicant(s) : 1,
MS MANISHA SHAH, APP for
Respondent(s) : 1,
MR PP MAJMUDAR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 11/10/2010
ORAL
ORDER
Rule.
Ms.Manisha Shah
learned APP and Mr.P.P.Majmudar learned advocate waive service of
rule on behalf of respondent No.1-State and original complainant
respectively.
Present
application has been filed under Section 439 of Criminal Procedure
Code for grant of regular bail. The applicant-accused is charged
with having committed offence punishable under Sections 406, 420,
465, 467, 468, 471, and 120(B) of Indian Penal Code for which FIR
being M Case No.5 of 2010 registered with Sarkhej Police Station.
Heard
learned advocate, Mr.A.J.Yagnik, for the applicant, learned senior
advocate, Mr.P.M.Thakkar with Mr.P.P.Majmudar for complainant and
learned APP, Ms.Shah, for the respondent-State. In view of the
undertaking placed on record stating that they have arrived at
settlement, without further elaborating and considering even
prima-facie case, since the complainant and the accused have arrived
at a settlement for which, undertaking is also placed on record, the
Court is of the opinion that present application deserves to be
allowed considering the guidelines with regard to grant of regular
bail and accordingly, present application stands allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with M Case No.5 of 2010
registered with Sarkhej Police Station on his executing a bond of
Rs.5,000/- (Rupees Five Thousand) 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) mark
his presence before concerned Police Station on 1st Monday
of every month between 11.00 AM to 2.00 PM till charge-sheet is
filed.
(f) 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.
(g) surrender
his passport, if any, to the lower Court, within a week.
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. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
Top