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CR.MA/7647/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7647 of 2010
=========================================================
AMIT
HEMANT PRADHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
ASHISH M DAGLI for
Applicant(s) : 1,
Mr D C Sejpal, Addl. PUBLIC PROSECUTOR for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/07/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-180 of 2009 registered at Vidyanagar Police Station for
the offence punishable under Sections 406, 420, 409, 467, 468 and
114 of the IPC.
2. Heard
the learned Advocate for the applicant and the learned APP as well
as learned Advocate Mr R R Marshall for the complainant at length
and in great detail. Learned Advocate for the complainant, at the
outset, submitted that the applicant has paid substantial amount
which has been misappropriated as on today. However, an amount of
Rupees One Lakh is already paid to him by way of cheque but the same
is not deposited or realised till today. However, considering the
fact that the substantial amount which has been misappropriated has
already been paid, I am of the view that the applicant deserves to be
enlarged on bail taking into account the role attributed to the
applicant as reflected in the FIR, police papers as well as the
provisions of the aforesaid sections, quantum of punishment and the
gravity of offence etc. Hence the application is allowed. The
applicant is ordered to be enlarged on bail in connection with
aforesaid offences 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 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] mark
his presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[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 his
residence without prior permission of this Court;
[g] maintain
law and order.
3. 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.
4. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
5. 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.
6. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[H.B.ANTANI,
J.]
msp
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