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CR.MA/13264/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13264 of 2008
=========================================================
BHARATBHAI
GIRDHARBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Applicant(s) : 1,
Mr
SP Hasurkar, addl.PUBLIC
PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 24/10/2008
ORAL
ORDER
1. Rule.
Learned APP waives service of notice of Rule on behalf of the
respondent-State. Ms. Kruti M Shah, learned advocate has submitted
that she will be filing her Vakalatnama during the course of the day
on behalf of the Sardar Vallabhbhai Patel Education & Charitable
Trust.
2. The
petitioner, who has been arrested in connection with CR No.I-150 of
2008 registered before Botad police station for the offences
punishable under sections 406, 420, 197 and 198 of IPC and
subsequently added sections 408, 471 and 201 of IPC and further added
section 409 of IPC, has preferred this application seeking his
release on bail.
3. It
is submitted by the learned advocate Mr Hriday Buch that the present
applicant is ready to deposit an amount of Rs. 5,50,000/- before the
trial court. The petitioner is in jail since 28.9.2008. The
investigation is over and charge sheet is not yet filed. Looking to
the gravity of the offence and the role played by the petitioner,
this application deserves to be allowed. Accordingly, this
application is allowed. The applicant is ordered to be released on
bail in connection with CR No.I-150 of 2008 registered before Botad
for the offences alleged against him in this petition on his
executing a personal 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 following conditions that he shall:
(a) The
present applicant shall deposit an amount of Rs. 3,00,000/- (Rs.
Three lakhs only) on or before 10th November, 2008
before the trial court and thereafter, the applicant shall deposit
an amount of Rs.2,50,000/- (Rs. Two lakhs fifty thousand only)
before the trial court within three months from the date of his
release.
(b)
Not take undue advantage of his liberty or misuse his liberty;
(c) not
to act in a manner injurious to the interest of the prosecution.
[d] maintain
law and order
(e) mark
his presence before the concerned police station on every 1st
and 15th day of english calendar month between 9 am and
2 p.m.
(f) not
to leave State of Gujarat without prior permission of the
court/Sessions Judge concerned.
(g) surrender
his passport, if any, to the lower court within a week;
(h)
furnish the address of his residence to the IO 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;
(i) Not
to leave India without prior permission of the court;
The
order regarding depositing of the amount will not cause any prejudice
to the interest of the accused.
5. If
breach of any of the above condition is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter. Bail before the lower court having jurisdiction to try
the case.
Rule
is made absolute. Direct service is permitted.
[M.D.
SHAH, J.]
msp
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