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CR.MA/743/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 743 of 2010
=========================================================
VISHALDEV
BAPALAL CHUDASAMA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Applicant(s) : 1,
MS KRINA P CALLA, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 05/02/2010
ORAL
ORDER
This
is an application preferred under Sec.439 of the Code of Criminal
Procedure, 1973 by the applicant who came to be arrested in
connection with CR No. I-210 of 2009 registered with Surendranagar
City Police Station for the offence punishable under Sections 467,
420, 465 and 468 of the IPC.
Mr.
Hriday Buch, learned advocate for the applicant, at the outset,
submitted that out of the total amount of Rs. 5,41,000/- amount of
Rs.1,85,000/- has been realized as on today. Learned advocate states
that the applicant will deposit the amount of Rs.3,53,000/- without
prejudice to his rights and contentions before the trial court on or
before 8th February, 2010. In view of the aforesaid facts
and circumstances, the learned advocate submitted that the applicant
be enlarged on bail.
Learned
APP Ms. Krina P. Calla, representing the opponent State, while
opposing the bail application submitted that considering the role
attributed to the applicant and the provisions of sections 467, 420,
465 and 468 of IPC and the manner in which the offence is committed
by the applicant, no discretionary relief be granted to the applicant
and the application deserves to be dismissed.
Having
considered the rival submissions and on perusal of the averments made
in the application which is reflected in the FIR at Annexure:A to the
application and in view of the statement made by learned advocate for
the applicant that the applicant will deposit the remaining amount of
Rs. 3,53,000/- [Rupees Three Lacs Fifty Three Thousand only] before
the trial court on or before 8th February, 2010, the
applicant deserves to be enlarged on bail without discussing the
reasons in detail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail, on his depositing the sum of Rs.
3,53,000/- [Rupees
Three Lacs Fifty Three Thousand only]
before the trial court, in connection with CR No. I 210 of 2009
registered at Surendranagar City Police Station on executing a bond
of Rs.20,000/- [Rupees twenty thousand only] with two sureties 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.)
pirzada/-
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