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CR.MA/7192/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7192 of 2010
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JITENDRA
DHIRAJLAL VORA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
ND NANAVADY Senior Advocate with MPSHAH for Applicant(s) : 1,MS.
KRUTI M SHAH for Applicant(s) : 1,
MR LR PUJARI APP for
Respondent(s) : 1,
MR MM TIRMIZI for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 08/12/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 67/2010 with Sarkhej Police Station, Ahmedabad for the
offences punishable under Sections 395, 346, 365, 323, 327, 504,
506(2), 114 etc. of the Indian Penal Code and section 135 of the
Bombay Police Act.
Learned
Senior Advocate appearing for the applicant submits that the
applicant is falsely involved in the offence. Learned Senior
further submits that the complainant has given criminal colour to a
civil dispute by creating a false story and by filing false
complaint. He further submits that there is no direct or indirect
evidence against the present applicant. Considering the overall
facts and circumstances of the case, the applicant may be enlarged
on bail.
Heard
learned APP for the respondent – State.
Heard
learned counsels for the parties and perused the record of the case.
The following main aspects are considered; (i) charge sheet is
filed; (ii) the complainant, who is in no uncertain terms averred in
the complaint that he had earned money out of gamble; that the
geneses of the complainant is allegedly ill-gotten wealth of Rs.1,90
crores and recovery of the said amount for which the complainant was
abducted and beaten, as alleged; (iii) FIR and the above
background in which the complaint is filed are required to be kept
in mind; (iv) if the complaint is read as a whole it reveals the
role of the accused herein and at his instance certain acts have
been done; (v) one of the co-accused is enlarged on bail by the
co-ordinate bench of this Court in Criminal Misc. Application
No.4595 of 2010; (vi) other co-accused who have been denied bail
approached Apex Court and the Apex Court confirmed the same
considering the different roles attributed to them; (vii) at the
most if the allegations are read in the context of the incident,
which is taken place, now the investigation is over and there is no
likelihood of the applicant tampering with any evidence or
influencing witnesses. Considering the overall facts and
circumstances of the case, I am inclined to enlarge the applicant on
bail.
Learned
counsel 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 at C.R. No.I 67/2010 with
Sarkhej Police Station, Ahmedabad, on executing a bond of
Rs.5,000/- (Rupees Five thousand only) with one surety of the like
amount to the satisfaction of the trial Court and subject to the
conditions that he shall;
not take undue advantage of
liberty or misuse liberty;
not act in a manner injurious to
the interest of the prosecution;
surrender passport, if any, to the
lower court within a week;
not leave the State of Gujarat
without prior permission of the Sessions Judge concerned;
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;
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;
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
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
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