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CR.MA/12038/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12038 of
2010
=======================================================
AMRUTLAL
@ SANJAY KANTILAL JOSHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
PP MAJMUDAR for Applicant(s) : 1,
MR MG NANAVATI APP for
Respondent(s) : 1,
MR DK PUJ for Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 29/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet after filing of the chargesheet.
The
applicant-accused is charged with having committed offences
under Sections 406, 420, 467, 468, 411 and 114 of the Indian Penal
Code, for which, FIR being I-C.R.No.120/2010 has been lodged at
Navrangpura Police Station, District : Ahmedabad.
Learned
counsel, Mr.P.P. Majmudar for the applicant referred to the manner
in which the offence is alleged to have been committed and submitted
that it is a business dispute leading to the filing of the
complaint. He further submitted that he has settled with the
complainant and, therefore, the present application may be allowed
as now the chargesheet has been filed.
Learned
counsel, Mr.D.K. Puj, appearing for the original complainant, has
also stated that he has no objection if the present application is
allowed.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and having regard to the nature of
offence, manner in which it is alleged to have been committed and
also considering the fact with regard to settlement arrived at, the
present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.120/2010
registered with Navrangpura Police Station, District : Ahmedabad 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 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.
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.
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.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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