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CR.MA/13052/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13052 of 2011
=========================================================
AMRISH
@ RAJU ARVINDBHAI PATEL (ASODARIA) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BOMI H SETHNA for
Applicant(s) : 1,
MS CHETNA SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/10/2011
ORAL ORDER
1. This
Application has been preferred under Section 439 of the Code of
Criminal Procedure, 1973 in connection with the offence being CR
No.I-112 of 2010 registered with Kamlabaug Police Station, Dist.
Porbandar for the offences u/s. 420, 465, 467, 468, 471 and 114 of
the IPC.
2. Heard
Mr.Bomi Sethna, learned counsel for the applicant. He has submitted
that investigation is over and charge-sheet is filed. He has
contended that from the charge-sheet papers no prima facie case is
made out against the present applicant. He has contended that
co-accused are released on bail. He has contended that hard-disk,
which was recovered from the present applicant was sent for the FSL
report and report of the FSL is obtained. He has contended that from
the FSL report nothing is found against the present applicant. He has
prayed to release applicant on bail.
3. Heard
Ms.Chetna Shah, learned APP for the respondent State. She has read
charge-sheet papers and argued that looking to the seriousness of the
offence present applicant is not required to be released on bail. She
has vehemently opposed the present application.
4. FSL
report is produced on record today. I have verified the report. It
appears that co-accused on the same footing are released on bail.
5. Having
heard the learned Counsel for both the sides and looking to the facts
and circumstances of the case, statement of the witnesses, gravity of
the offence and quantum of punishment and the fact there is no
definite allegation made against the applicant, I am inclined to
grant bail to the applicant.
6. Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No.I-112 of 2010 registered
with Kamlabaug Police Station, Dist. Porbandar for the offence
alleged against him in this Application on his executing a Bond of
Rs.10,000/- (Rupees ten thousand only) with one solvent 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge;
f) furnish
the 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;
g) surrender
his passport, if any, to the lower Court within a week.
7. If
the 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.
8. 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.
9. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.)
kks
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