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CR.MA/10440/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10440 of 2010
======================================
BHARAT
VALDASBHAI CHAUHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
AMIT N PATEL for Applicant(s) : 1,
MR SHIVANG SHUKLA APP for
Respondent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 23/09/2010
ORAL ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code, 1973.
The
applicant-accused is charged with having committed offences
under sections 379, 411 and 114 of Indian Penal Code, for which, FIR
has been lodged being I-C.R.No.359/2009 at “A” Division
Police Station, Rajkot City.
Learned
advocate Mr. Amit Patel for the applicant referred to the First
Information Report and submitted that considering the nature of
offence and as now charge sheet has been filed, present application
may be allowed.
Learned
A.P.P., Mr.Shivang Shukla resisted the application and submitted
that about nine cases have been registered against the applicant
accused and he is having antecedents which are required to be
considered and he is indulged in the offence repeatedly, and,
therefore, present application may not be allowed.
Having
heard learned advocate Mr.Patel for the applicant and Mr.Shivang
Shukla, learned APP and having considered the nature of offence and
the fact that charge sheet is filed, present application deserves to
be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.359/2009 at “A”
Division Police Station, Rajkot City on his executing a bond of
Rs.5,000/- (Rupees Five 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:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence on every 5th day of every month of English
calender month before concerned Police Station between 11:00 AM to
2:00 PM till the trial commences;
(f) shall
not enter into Rajkot City except for the purpose of marking presence
before the police, for one year;
(g) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(h) surrender
his passport, if any, to the lower Court, within a week.
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.
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.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
[RAJESH
H.SHUKLA, J.]
Amit
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