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R/CR.MA/6808/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 6808 of 2011
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PRAVINBHAI
PUNABHAI....Applicant(s)
Versus
STATE
OF GUJARAT....Respondent(s)
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Appearance:
MRMPSHAH
as ADVOCATE for the Applicant(s) No. 1
MS.
KRUTI M SHAH as ADVOCATE for the Applicant(s) No. 1
MR
LB DABHI, APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 26/05/2011
ORAL
ORDER
This application is filed under Section 439
of the Code of Criminal Procedure in connection with First
Information Report registered as I-C.R. No.65/2009 with Paliyad
Police Station, Dist. Bhavnagar for the offences punishable under
Sections 408, 409, 420, 477(A) and 114 of Indian Penal Code.
Learned Counsel appearing for the applicant
submits that by various orders passed earlier, the co-accused have
been enlarged on bail by the Co-ordinate Bench and role of the
applicant is that of negligence and at the most it may amount to
dereliction of duty. It is further submitted that considering the
above fact and that the Additional TDO and Sarpanchs of different
villages have already been enlarged on bail, the applicant may be
enlarged on bail on the ground of parity.
Heard learned APP Mr. LB Dabhi for the
respondent-State.
Having heard learned Counsel for the parties
and perusing the record of the case and taking into consideration
the facts of the case, nature of allegations, role attributed to the
applicant, the ground of parity claimed, by imposing suitable
conditions, I deem it just and proper to enlarge the applicant on
bail.
Learned Counsels for the parties do not press
for further reasoned order.
In the facts and circumstances of the case,
the application is allowed and the applicant is ordered to be
released on bail in connection with First Information Report
registered as I-C.R. No.65/2009 with Paliyad Police Station,
District Bhavnagar, on 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 liberty or
misuse liberty;
b) not act in a manner injurious to the
interest of the prosecution;
c) surrender passport, if any, to the lower
court within a week;
d) not leave the State of Gujarat without
prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police
Station on the first Sunday of every month between 10.00 a.m. and
3.00 p.m. for three months only;
f) furnish the present 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 the residence
without prior permission of this Court;
The authorities will release the applicant
only if not required in connection with any other offence for the
time being.
If breach of any of the above conditions is
committed, the Sessions Judge concerned will be free to issue
warrant or 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 made absolute. Direct Service is
permitted.
(G.
B. SHAH, J.)
VR Pansala.
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