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CR.MA/12251/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12251 of 2010
=========================================================
BHOLABHAI
CHATURBHAI PATEL - Applicant
Versus
STATE
OF GUJARAT & 1 - Respondents
=========================================================
Appearance
:
MR
SP MAJMUDAR and MR PP MAJMUDAR for Applicant.
MS CHETANA M.SHAH,
ADDL.PUBLIC PROSECUTOR for Respondent : 1-State,
MR DHARMESH V
SHAH for Respondent :
2-Bank,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 15/10/2010
ORAL
ORDER
Rule.
Learned A.P.P. Ms.Shah waives service of notice of rule for
respondent No.1-State. Learned advocate Mr.Dharmesh Shah waives
service of notice of rule for respondent No.2-Bank.
2. Heard
learned advocate Mr.Majmudar for the applicant, learned Additional
Public Prosecutor Ms.Shah for the State and learned advocate
Mr.Dharmesh Shah for respondent No.2-Bank.
3. Following
aspects are considered :-
(1) This
is a successive bail application.
(2) The
applicant has been released by this Court on temporary bail for one
year since 2007 on health ground.
(3) All
co.accused have been admitted to bail.
(4) The
Apex Court has released this applicant on bail in the main offence
registered against him vide C.R.No. 452/2002 with Naranpura Police
Station.
(5) The
applicant is still not well and is aged about 82 years.
(6) Trial
is likely to take time for being concluded.
4. Considering
the above aspects, the application deserves to be allowed and the
same is allowed. The applicant is ordered to be released on bail in
connection with Crime Register No. I-364 of 2002 of Visnagar
Police Station, on his executing a bond of Rs. 10,000/- (Rupees ten
thousand only) with one surety of the like amount to the satisfaction
of the lower Court, subject to such conditions which the lower Court
may deem fit to impose.
5. Rule
is made absolute.
6. Direct
Service is permitted.
[A.L.Dave,J.]
(patel)
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