Gujarat High Court Case Information System
Print
CR.MA/9701/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9701 of 2010
=========================================
RAJDEEP
DURLABHBHAI AAHIR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
M.P.SHAH and MS. KRUTI M SHAH for the Applicant.
Ms. M.L.Shah,
Additional PUBLIC PROSECUTOR for the
Respondent.
=========================================
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 after the
charge-sheet is filed.
The
applicant accused is charged with having committed offences under
Sections 409, 465, 467, 468, 471, 477A and 120B of the Indian Penal
Code, for which, FIR being I-C.R.No. 33 of 2010 has been lodged at
Valsad city Police Station.
Learned
counsel, Ms. Kruti Shah for the applicant submitted that now the
charge-sheet has been filed and the applicant is ready to deposit,
without prejudice, an amount of Rs. 3 lacs, the present application
may be allowed. She submitted that other co-accused have been
released and other accused have also admitted about the role and the
involvement and they have been released.
Learned
A.P.P. Ms. M.L.Shah resisted the present application. She submitted
that alternatively, subject to deposit of amount of Rs. 3 lacs, it
may be considered.
Having
heard learned
counsel Ms. Kruti M Shah for the applicant-accused and
learned A.P.P. Ms. M.L.Shah for the respondent-State and having
considered the nature of offence, role attributed and also the fact
that the charge-sheet is filed and other co-accused have been
released, the present application deserves to be allowed, subject
to the conditions including deposit of Rs. 3 lacs.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No. 33 of 2010
registered with Valsad city Police Station 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 the trial is
commenced.
(h) The
applicant shall deposit an amount of Rs. 3 lacs before his release.
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.)
***vcdarji
Top