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CR.MA/13919/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13919 of 2011
======================================
RAJUBHAI
CHHAGANBHAI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
YUNUS U MALEK for Applicant(s) : 1,MRHBCHAMPAVAT for Applicant(s) :
1,
MS CM SHAH ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/10/2011
ORAL
ORDER
By
way of present application, filed under Section 439 of the Code of
Criminal Procedure, 1973, the applicant has prayed to release him on
regular bail in connection with CR No.I-46 of 2011 registered with
Varnama Police Station, Vadodara for the offence punishable under
Sections 170, 419, 420, 120-B and 114 of the Indian Penal Code.
Learned
counsel for the applicant, has contended that the applicant has been
falsely implicated in the commission of alleged offence. He has also
contended that other co-accused in the case have been enlarged by
this Court and on the ground of parity also the applicant may be
enlarged on bail. He, therefore, contended that looking to the facts
of the case and overall circumstances, applicant may kindly be
released on bail.
Ms.
Chetna Shah, learned Additional Public Prosecutor, has vehemently
opposed the present application.
In
the facts and circumstances of the case and considering the nature
of allegations and role attributed to the applicant and now the
charge-sheet is filed and also the fact that the co-accused have
been released by this Court, without entering into the merits of the
case, prima facie, this Court is of the opinion that this is a fit
case to exercise the discretion to enlarge the applicant on bail.
Hence,
the applicant is ordered to be released on bail in connection with
CR No.I-46 of 2011 registered with Varnama Police Station, Vadodara,
for the offence alleged against him in this application on his
executing a bond of Rs.10,000/- (Rupees ten thousand only) with one
solvent surety of the like amount to the satisfaction of the trial
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 pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) mark
his presence before the Investigating Officer on every last day of
each English calendar month between 09.00 hours and 14.00 hours;
f) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
g) furnish
the address of their residence 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;
h) surrender
his passport, if any, to the lower Court within a week.
If
the breach of any of the above conditions is committed, the
concerned Court 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 is permitted.
(Z.
K. SAIYED, J)
ynvyas
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