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CR.MA/13906/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13906 of 2010
=============================================
CHANDRESH
JOITARAM PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance :
SVRAJUASSOCIATES
for Applicant(s) : 1,
MR LR PUJARI ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR RAJKUMAR CHAUMAL for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 03/12/2010
ORAL
ORDER
1. Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-150/2010 with Kalol Taluka Police Station, for the offences
punishable under Sections 406, 420, 465, 467, 468, 471, 120-B, 114
etc. of the Indian Penal Code.
3. Learned
counsel appearing for the applicant submits that investigation is on
verge of completion. It is further submitted that so far as land in
question pertaining to Survey No. 384 and 386 are concerned,
allegations are to the extent that the applicant madey forged power
of attorney but now he has shown his willingness to restore the
status and so far as Survey No. 429, 430-A, 431 and 432/2 are
concerned, similar allegations along with creating fake identity of
complainant one Shri Dasrathbhai Somabhai Bhavsar is alleged. So far
as the above survey numbers of land in question, on instruction it is
submitted that status-quo entity of land will be restored.
Learned
advocates appearing for the respective complainants agree to the
above suggestion.
However,
it is also submitted that one of the co-accused being a bonafide
purchaser was granted anticipatory bail. Considering the nature of
evidence, role attributed to the applicant and version of the
complainant, this application for bail may kindly be considered.
4. Heard
learned APP for the respondent – State who opposed grant of
bail looking to the nature and gravity of offence.
5. Considering
the above, by and large nature of allegations against the applicant
are of creating fake identity of complainant and forged power of
attorney but at the same time parties have arrived at an amicable
understanding, so that they can resolve the dispute. However, the
observations as above may not have any bearing on the proceedings if
any pending before any Court. Hence, I am inclined to enlarge the
applicant on bail.
6. Learned
counsel for the parties do not press for further reasoned order.
7. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at CR No.I-150/2010 with
Kalol Taluka Police Station, on executing a bond of Rs.5,000/-
(Rupees Five 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 liberty or misuse liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
passport, if any, to the lower court within a week;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(e) mark
presence at the concerned police station on the first Sunday of every
month between 10.00 a.m. and 3.00 p.m. till the trial commences;
(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 the
residence without prior permission of this Court;
8. The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
9. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
10. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
11. 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.
12. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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