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CR.MA/14091/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14091 of 2010
=============================================
VAGHELA
SATISHBHAI RAMNIKLAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR ASHISH D OZA for
Applicant(s) : 1,
MR LR PUJARI ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 29/11/2010
ORAL
ORDER
1. The
present application is filed by the applicant for grant of regular
bail under Section 439 of the Criminal Procedure Code after
charge-sheet is filed.
2. The
applicant-accused is charged for having committed offence under
Sections 364(A),394,397,171,120(B) and 34 of the Indian Penal Code
and Section 135 of the Bombay Police Act for which FIR being
C.R.No-I-97 of 2010 has been registered with Bhavnagar ‘B’ Division
Police Station.
3. Learned
advocate for the applicant referred to the FIR and submitted that the
charge-sheet has been filed considering the role attributed with
regard to the offence and that only Rs.50,000/- was given out of the
amounted looted to take care of other persons.
4. He
submitted that other two accused persons have been released and
therefore the present application requires to be allowed.
5. Learned
Additional Public Prosecutor resisted the application and submitted
that he has also been attributed with specific role.
6. Having
heard learned counsel appearing for the applicant-accused and learned
A.P.P. and having considered the nature of offences, role attributed
and also the fact that the charge-sheet has now been filed as also
considering the fact that other co-accused has been released, 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
C.R.No-I-97 of 2010 has been registered with Bhavnagar ‘B’ Division
Police Station, 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 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 I.O. 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;
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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