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CR.MA/13943/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13943 of 2010
=============================================
MANPREETSING
@ GURUMEJSING BISHANSING JAT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR MOUSAM R YAGNIK for
Applicant(s) : 1,
MR KARTIK PANDYA ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 24/11/2010
ORAL
ORDER
1. Rule.
Learned Additional Public Prosecutor waives service of notice of Rule
on behalf of the Respondent-State of Gujarat.
2. The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the charge-sheet.
3. The
applicant-accused is charged with having committed offences
under Sections 392 and 114 of the Indian Penal Code, for which, FIR
being I-C.R.No.31/2010 has been lodged at Dahej Police Station,
District : Bharuch.
4. Learned
counsel for the applicant referred to the FIR and submitted that
considering the nature of offences and the fact that the charge-sheet
is filed and other co-accused have been released on bail, the present
application may be allowed.
5. Learned
A.P.P. resisted the present application.
6. Having
heard learned counsel appearing for the applicant-accused and learned
A.P.P. for the State and having considered the nature of offences,
role attributed and also considering the fact that the charge sheet
has now been filed and other co-accused have been released on bail,
the present application deserves to be allowed.
7. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with FIR being
I-C.R.No.31/2010 has been lodged at Dahej Police Station, District :
Bharuch h 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) 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;
(f) surrender
his passport, if any, to the lower Court, within a week;
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM for three months
only;
(h) not
enter into the local limits of Dahej Police Station without prior
permission of this Court for a period of six months, but for marking
presence and for attending the Court in connection with this case, he
will be free to enter the limits for a period to that extent
necessary and will leave the limits soon thereafter;
8. 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.
9 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.
10. Rule
is made absolute to the aforesaid extent. Direct service permitted.
[ANANT S DAVE, J.]
//smita//
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