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CR.MA/9051/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9051 of 2010
=========================================
NANDRAM
MEENA - Applicant(s)
Versus
CENTRAL
BUREAU OF INVESTIGATION & 1 - Respondent(s)
=========================================
Appearance
:
MR RITURAJ
M MEENA for Applicant(s) : 1,
MR YN RAVANI for Respondent(s) :
1,
MR UA TRIVEDI, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 16/08/2010
ORAL
ORDER
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with the offences being F.I.R. No.RC 7(A)/2010-GNR
registered with C.B.I., A.C.B. Police Station for the offences
punishable under Section 120-B of the Indian Penal Code and under
Section 7 of the P.C. Act.
Heard
Mr.Rituraj Meena, learned counsel for the applicant, Mr.Y.N. Ravani,
learned counsel for the respondent no.1 and Mr.U.A. Trivedi, learned
Additional Public Prosecutor, for the State.
Mr.Meena
has submitted that the applicant is innocent and has not committed
any offence. He has also contended that nothing is recovered or
discovered from the applicant. He read the order passed by the
concerned Court and prayed to release the applicant on regular bail.
As
against this, Mr.Ravani, learned counsel for the respondent no.1,
has strongly opposed the present application and read the order
passed by the Court of Special Judge (C.B.I. Court No.4).
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. Looking to the allegations
levelled against the applicant, I am inclined to release him on
regular bail.
Learned
counsel for the parties do not press for a reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicant is ordered to be released on bail in connection with
F.I.R. No. RC 7(A)/2010-GNR registered with C.B.I, A.C.B.,
Gandhinagar Police Station for the offences alleged against him in
this application on his executing a bond of Rs.10,000/- (Rupees Ten
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,
(I) not
take undue advantage of his liberty or abuse his liberty;
(ii) not
act in a manner injurious to the prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Court;
(v) Surrender
his passport, if any, to the concerned Court within a week;
The
Authority will release the applicant only if he is not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the concerned
Court will be free to issue warrant or take appropriate action in
the matter.
Bail
bond to be executed before the concerned Court having jurisdiction
to try the case.
At
the trial, the concerned 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.
(Z.
K. Saiyed, J)
Anup
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