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CR.MA/5213/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5213 of 2010
=========================================================
DEEPCHAND
KESRICHAND JHAWAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAMNANDAN SINGH for
Applicant(s) : 1,
MR LB DABHI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 14/05/2010
ORAL
ORDER
1. Rule.
Learned A.P.P. Mr. L.B. Dabhi waives service of Rule on behalf of the
respondent State. Heard learned Advocate Mr. Ramnandan Singh for the
applicant and Mr. L.B. Dabhi, learned A.P.P. for the respondent
state.s
2. This
is an application u/s 439 of the Code of Criminal Procedure,
1973 for releasing the applicant on regular bail in connection
with the offence registered as I – CR No. 2 of 2010 at Vadodara
Zone Police Station for the offences punishable u/ss 406, 420,
409, 504 and 506(2) of the I.P. Code.
3. The
following factors are considered :
i. The
offences alleged against the applicant are punishable u/ss 406, 420,
409, 504 and 506(2) of the I.P. Code.
ii. There
appears to be transactions of sale and purchase of the goods and
the applicant acted as an agent.
Iii. Similarly
situated agents; Rampratap Chaudhari and Pareshbhai Harilal Pandya
have been released on regular by this Court.
iv. The
record indicates that the complaint u/s 138 of the Negotiable
Instruments Act has been filed against co-accused in respect of the
same transaction.
4. In
view of above, the discretion is required to be exercised in favour
of the applicant. Accordingly, the application is allowed and the
applicant is released on regular bail in connection with I – CR
No. 2 of 2010 registered at Vadodara Zone Police Station on
executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with
one surety for the like amount to the
satisfaction of the lower court and the subject to the conditions
that the applicant 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) maintain law and order;
(d) not
leave the India without the prior permission
of the Sessions Court concerned;
(e) furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior
permission of the Court;
(f) surrender
his passport, if any, to the lower court
within a week.
5. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate
action/step in the matter.
6. Bail
before the lower court having jurisdiction
to try the case.
7. Rule
is made absolute. Direct Service is permitted.
(Bankim
N. Mehta, J.)
/JVSatwara/
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