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CR.MA/1375120/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13751 of 2008
=========================================================
MAHENDRASINH
RATANSINH PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BC DAVE for
Applicant(s) : 1,
MR PD BHATE APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 13/11/2008
ORAL
ORDER
1. RULE. Mr.P.D. Bhate,
learned Additional Public Prosecutor waives service of Rule on behalf
of the State. In the facts and circumstances of the case and by
consent of both the sides, this application is taken up for hearing
today.
2. This application is
preferred under Section 439 of the Code of Criminal Procedure for
regular bail in connection with FIR registered as CR No.I-50 of 2007
with Bhanvad Police Station for the offence punishable under Sections
465,467 and 471 of the Indian Penal Code.
3. The learned advocate
submitted that now the chargesheet is already filed in the matter and
considering the role played by the petitioner and the opinion given
by the Assistant Examiner of Questioned Documents, HPB,DFS,G.S.,
Gandhinagar that no definite opinion could be expressed on the
encircled disputed signatures marked D1 to D4 in comparison with the
standard writings and signatures marked (1) S1 to S18 and N3; or (2)
S91 to S108 and N7, it is a fit case to enlarge the petitioner on
bail.
4. Mr.Bhate, learned
A.P.P. representing the State submitted that considering the fact
that the signature was forged by the petitioner which is reflected in
the F.I.R. as well as in the order passed by the learned Judge in
Criminal Misc. Application No.561 of 2008 and since the evidence is
required to be adduced with regard to opinion given by the Hand
Writing Expert, it is a fit case to dismiss the bail application as
no case is made out by the petitioner.
5. I have heard learned
advocate Mr. B.C. Dave for the petitioner and Mr.Bhate, learned
Additional Public Prosecutor at length and in great detail.
Considering the averments made in the petition, F.I.R. At annexure A
to the petition, and the reasons assigned by the learned Judge in
Criminal Misc. Application No.561 of 2008, the petitioner has been
booked for the ofence punishable under Sections 465,467 and 471 of
the Indian Penal Code. I have also perused the opinion given by
Mr.H.M. Boghani, Asstt. Examiner of Questioned Documents, HPB, DFS,
G.S., Gandhinagar in paragraph No.4 which is as under:-
No definite opinion
could be expressed on the encircled disputed signatures marked D1 to
D4 in comparison with the standard writings and signatures marked (1)
S1 to S18 and N3; or (2) S91 to S108 and N7.
6. In view of the
aforesaid facts and circumstances and considering the role attributed
to the petitioner, I am of the view that the petitioner is required
to be enlarged on bail.
7. In the facts and
circumstances of the case, the application is allowed and the
petitioner is ordered to be enlarged on bail in connection with CR
No.I-50 of 2007 registered at Bhanvad Police Station on executing a
bond of Rs.10,000/- [Rupees ten thousand only] with one 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 act in a manner
injurious to the interest of the prosecution;
[c] surrender his
passport, if any, to the lower Court within a week;
[d] not leave the State
of Gujarat without the prior permission of the Sessions court
concerned;
[e] mark his presence at
the concerned Police Station on any day of every first week of
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;
[f] furnish the present
address of his residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change his residence
without prior permission of this Court;
[g] maintain law and
order.
8. 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.
9. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
10. At the trial, the
Trial Court shall not be influenced by the observations of
preliminary nature, qua the evidence at this stage, made by this
Court while enlarging the petitioner on bail.
11. Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
[H.B.ANTANI,
J.]
Hitesh
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