Gujarat High Court Case Information System
Print
CR.MA/7250/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7250 of 2008
=========================================================
DHARMENDRAKUMAR
JASWANTRAI BHATT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR MAULIK NANAVATI A.P.P. for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date : 12/06/2008
ORAL
ORDER
1. Rule.
Mr. Maulik Nanavati, learned APP waives service of rule on behalf of
respondent- State.
2. Heard
the learned advocate for the applicant and learned APP for the
respondent ? State.
3. This
application is filed by the applicant under sec. 439 of Cr.P.C. for
releasing him on regular bail in connection with the offence
registered vide CR No. I-167/2006 at Kalol Police Station, Dist.
Panchmahals for the offence punishable under Sections 409, 467, 468,
470, 471, 477(a), 420, 120(B) and 114 of IPC.
4. The
learned advocate for the applicant has submitted that the applicant
is innocent and he is falsely involved in this case. He read the
order passed by the trial court and prayed to release the applicant
on regular bail.
4. As
against this, learned APP Mr. Maulik Nanavati, has strongly opposed
this application and read the order passed by the trial court.
5. I
have gone through the order passed by the trial court as well as the
papers produced on the record of the case. Looking to the allegations
levelled against the applicant, I am inclined to release him on
regular bail.
6. Learned
advocates for the parties do not press for reasoned order.
7. Considering
the facts and circumstances of the case, the present application is
allowed. The applicant is ordered to be released on regular bail in
connection with CR No. I-167/2006 registered at Kalol Police Station,
Dist. Panchmahals, on his executing personal bond in the sum of Rs.
10,000/- (Rs. 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 the residence
without prior permission of this Court;
(f) mark his presence
before the Kalol Police Station on 1st & 15th
day of each month between 11.00am to 2.00pm;
(g) maintain law and
order;
8. The authorities will
release the applicant only if he is not required in connection with
any other offence for the time being.
9. 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.
10. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
11. 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.
12. Rule
is made absolute to the aforesaid extent. Direct Service permitted.
[Z.K.
SAIYED, J.]
/phalguni/
Top