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R/CR.MA/6869/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 6869 of 2011
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SHANAJI
@ SHANIYO S/O BHUPATJI THAKOR....Applicant(s)
Versus
STATE
OF GUJARAT....Respondent(s)
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Appearance:
MR
RAJKUMAR CHAUMAL as ADVOCATE for the Applicant(s) No. 1
MR
LB DABHI ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 20/05/2011
ORAL
ORDER
(PER
: HONOURABLE MR.JUSTICE P.P.BHATT)
Rule. Learned APP Mr Dabhi
waives service of notice of Rule for respondent-State.
2. The present application
is filed under Section 439 of Criminal Procedure Code seeking regular
bail in connection with complaint C.R. No.I- 275 of 2010 registered
at Bapunagar Police Station for the alleged offence punishable under
Sections 392 and 114 of IPC.
3. Heard learned advocate
for the applicant and learned APP. Perused the papers.
4. Learned advocate for the
applicant submitted that investigation is over and charge sheet is
filed. It is further submitted that the applicant has deep roots in
the society, will not flee from justice and will cooperate with the
investigation as and when called for. It is further submitted that
in view of the above, the applicant may be enlarged on bail.
5. Having heard the learned
counsel for the parties and perusing the record of the case and
taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences and coupled with the fact that investigation
is over and charge sheet is filed, without discussing the evidence in
detail, at this stage, I am inclined to enlarge the applicant on
bail.
6. Therefore, the
application is allowed. The applicant is ordered to be enlarged on
bail in
connection C.R. No.I-275 of 2010 registered with Bapunagar Police
Station for the offences punishable under Sections 392, 114 of Indian
Penal Code on his executing a bond in the sum of Rs.10,000/- (Rupees
ten thousand only) with one surety of the like amount to the
satisfaction of the lower Court and subject to the conditions that he
shall,
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
shall
not enter into the limits of Ahmedabad city for a period of six
months except attending the Court;
mark
presence before the nearest Police Station on every 1st
and 15th day of English calendar month between 11:00 am
to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
the
applicant shall not be released if applicant is involved in any
other offence.
7. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
8. Bail
before the Lower Court having jurisdiction to try the case.
9. Rule
is made absolute. Direct service is permitted.
(P.
P. BHATT, J.)
Z.G.
SHAIKH
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