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CR.MA/12306/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12306 of 2010
======================================
BHARATBHAI
AMRABHAI KALTORA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
HARSHIT S TOLIA for Applicant(s) : 1,MRPARTHSTOLIA for Applicant(s) :
1,
MS MANISHA LAVKUMAR SHAH, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 28/10/2010
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
chargehseet 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 Mr.Harshit S. Tolia for the applicant referred to the FIR
and submitted that the chargesheet 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 persons have been released as per the order
passed in Criminal Miscellaneous Application No.8464 of 2010 and
therefore the present application requires to be allowed.
5. Learned
Additional Public Prosecutor Ms. Manisha Lavkumar Shah 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 chargesheet 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 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 with 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 till the trial commences.
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.
(R.H.Shukla,
J.)
sudhir
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