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CR.MA/12376/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12376 of 2010
=======================================================
RAJABHAI
SHAMABHAI KATANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
HB SINGH for Applicant(s) : 1,
MS ML SHAH APP for Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 22/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail.
The
applicant-accused is charged with having committed offences
under Sections 406 and 420 of the Indian Penal Code, for which, FIR
being I-C.R.No.120/2010 has been lodged at Mansa Police Station,
District : Gandhinagar.
Learned
counsel, Mr.Singh for the applicant referred to the papers and
submitted that the agreement has been made for sale of the vehicle,
which is produced at Annexure-C. He, therefore, submitted that the
complaint has been filed falsely and the present application may be
allowed.
Learned
A.P.P., Ms.Shah resisted the present application and submitted that
though the agreement has been made, it has not been specifically
referred with regard to outstanding dues of the loan.
Having
heard learned counsel for the applicant-accused and learned A.P.P.
for the State and having considered the rival submissions including
the agreement at Annexure-C referring to these aspects, the Court is
of the opinion that 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.120/2010
registered with Mansa Police Station, District : Gandhinagar 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 filing of the
chargesheet.
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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