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CR.MA/15050/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15050 of 2008
=========================================================
RAJESH
BHUPATRAI MEHTA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
IH SYED for
Applicant(s) : 1,
MR SP HASURKAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 29/12/2008
ORAL
ORDER
1. Rule.
Mr. S.P. Hasurkar, learned APP waives service of Rule on behalf of
respondent – State.
2. This
application has been preferred, by the applicant, under Section 439
of the Code of Criminal Procedure, 1973 in connection with the
offence being CR No. I-196 of 2008, registered with D Division
Police Station, Bhavnagar, for the offences u/s. 406, 409, 420, 465,
467, 468, 471 and 34 I.P. Code and Section 75(1)(b), 75(2) of the
Gujarat Sales Tax Act, 1969;
3. Having
heard the learned Counsel for both the sides and looking to the facts
and circumstances of the case, statement of the witnesses, gravity of
the offence, I am inclined to grant bail to the applicant by imposing
strict condition of bail.
4. Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I 196 of 2008
registered with D Division Police Station, Bhavnagar for the
offences alleged against him in this application on his executing a
Bond of Rs.25,000/- (Rupees twenty five thousand only) with one
solvent 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 abuse their liberty;
b) not
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without the prior permission of the
concerned Sessions Judge.
f) furnish
the address of her 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;
g) surrender
the passport, if any, to the lower Court within a week.
5. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
6. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
7. Rule
is made absolute accordingly. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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