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CR.MA/4271/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4271 of 2010
=====================================================
BIPINBHAI
RAMANBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance :
MR
SN BAROT for Applicant(s) : 1,
MR DEVANG VYAS ADDTIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 11/05/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who has been arrested in
connection with CR No. II – 447 of 2009 registered with Mansa Police
Station, District : Gandhinagar, for the offences punishable under
Sections 3(6), 17(1)C, 13, 17(1)D, 18(1)G of the Insecticides Act,
1968, Sections 7,8,9,10,11 of the Indian Environment (Protection)
Act, 1968 and Part 3 of the Seeds Control, 1983, Sections 6,7 of
the Seeds Act, 1966, Section 3,7 of Essential Commodities Act,
Section 420, 406 of the Indian Penal Code and Section 63 of the Copy
Right Act, 1957.
I
have heard the learned advocate for the applicant and learned APP for
the respondent State at length and in great detail. Considering
the rival submissions and on perusal of the role attributed to the
applicant as reflected in the FIR, police papers, statement of the
witnesses as well as provisions of Sections 3(6), 17(1)C, 13, 17(1)D,
18(1)G of the Insecticides Act, 1968, Sections 7,8,9,10,11 of the
Indian Environment (Protection) Act, 1968 and Part 3 of the Seeds
Control, 1983, Sections 6,7 of the Seeds Act, 1966, Section 3,7 of
Essential Commodities Act, Section 420, 406 of the Indian Penal Code
and Section 63 of the Copy Right Act, 1957, quantum of punishment,
gravity of the offence and nature offence in which the applicant is
involved, I am of the view that the applicant deserves to be enlarged
on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with C.R. No. II –
447 of 2009 registered with Mansa Police Station, District :
Gandhinagar 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 first
week of every 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.
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.
Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
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 applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
ynvyas
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