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CR.MA/5946/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5946 of 2010
=========================================================
VISHAL
MANOJBHAI AGRAWAT - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
VH KANARA for
Applicant:MR VIJAY H NANGESH for Applicant
MR RC KODEKAR ADDL
PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 18/06/2010
ORAL
ORDER
Rule.
Mr. Kodekar, learned APP waives service of Rule on behalf of
respondent State. By consent, Rule is fixed forthwith.
The
applicant – accused, who has been named as accused in I.CR.
No. 340 of 2009 registered with Jamnagar City A Division Police
Station for the offences punishable under Sections 465, 466, 467,
468, 471, 419, 420, 511, 201, 114, 120(B) of the Indian Penal Code
has moved this Court under Section 439 of the Code of Criminal
Procedure for seeking bail pending investigation and trial.
The
accused moved the application being Criminal Misc. Application No.
206 of 2010 before the concerned Sessions Court, which came to be
rejected on 10.5.2010.
This
Court has taken into consideration the documents produced on record
and the reasoning assigned by the Sessions Court while rejecting the
bail application of the applicant. The applicant deserves to be
enlarged on bail for the following reasons:
The
applicant is shown to be an employee of accused no. 2 and averments
against him is that he wrote the cheque in question. The chargesheet
is filed. Investigating Agency has also not clearly opined as to who
has forged the signature. In this view of the matter, this Court is
of the view that the applicant deserves to be enlarged on bail on
appropriate terms and conditions.
The
chargesheet is filed and investigation is over and therefore, there
is remote possibility of applicant being influenced the witnesses or
tampered with the evidences.
The
applicant has his wherewithal as his ordinary place of residence and
therefore, his presence could be procured by imposing appropriate
conditions during trial.
The
prosecution has not voiced any grievance or expressed any
apprehension that he is likely to flee from justice, if he is
released on bail.
The
Sessions Court has not appreciated these aspect and therefore, the
said order deserves to be quashed and set aside and accordingly, it
is quashed and set aside.
The
aforesaid observations are made only for the purpose of examining
the prayer for bail pending trial. These observations are
prima-facie and shall have no bearing whatsoever upon the trial and
the trial Court shall not be influenced by it in any way and come to
its own conclusion after analyzing the evidence that may be led
during the trial.
Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with Crime Register No.I-340 of 2009 registered with Jamnagar City A
Division Police Station on his executing a bond of Rs.5,000=00/-
(Rupees Five Thousand only) with one surety of the like amount to
the satisfaction of the lower Court and subject to the conditions
that he shall :
(a) not
take undue advantage of his liberty or misuse his liberty:
(b) not
act in a manner injurious to the interest of the prosecution:
(c) maintain
law and order;
(d) not
leave the State of Gujarat 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 this
Court;
(f)
mark his presence before concerned Police Station on every 15th
day of each English Calendar month initially for a period of 6
months between 9.00 a.m. to 2.00 p.m.
(g) surrender
his passport, if any, to the lower Court within a week.
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
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct Service is permitted.
(S.R.BRAHMBHATT,
J.)
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