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CR.MA/8048/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8048 of 2010
=====================================================
BHARATKUMAR
JAGANNATHBHAI PANDYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
TUSHAR L SHETH for Applicant(s) : 1,
MR UA TRIVEDI ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 29/07/2010
ORAL
ORDER
This
petition is filed under section 439 of the Code of Criminal Procedure
by the applicant who has been arrested in connection with CR No. I –
17 of 2010 filed before the Mehsana Town Police Station for the
offence punishable under Sections 465, 466, 467, 468, 471, 472, 474,
476 and 120-B of the Indian Penal Code.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicants as reflected in the
FIR at Annexure ‘A’, the quantum of punishment, gravity of offence,
provisions of the Sections 465, 466, 467, 468, 471, 472, 474, 476 and
120-B of the Indian Penal Code, I am of the opinion that this is a
fit case to grant the regular bail to the applicant. In view of the
above, the applicant is required to be enlarged on regular bail at
this stage on stringent conditions, without entering into the merits
of the case and without discussing the evidence in detail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the petition is allowed and
the applicant is ordered to be enlarged on bail in connection with
CR No. I 17 of 2010 filed before the Mehsana Town Police Station
on his executing a bond of Rs.10,000/- [Rupees Ten thousand only]
with one 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 his liberty or abuse his liberty;
[b]. not
act in a manner injurious to the interest of the prosecution;
[c]. surrender
his passport, if any, to the lower court within a week;
[d]. not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
(e). furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[f]. maintain
law and order.
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
bond to be executed before the lower Court having jurisdiction to try
the case.
At
the trial, the trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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