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CR.MA/1593/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1593 of 2011
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ANILSINH
LAXMANSINH RAJPUT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
BB NAIK Senior Advocate with MR JAPAN V DAVE for Applicant(s) : 1,
MR
AJ DESAI APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/02/2011
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 91/2010 with Dahod Town Police Station, Dist. Dahod, for
the offences punishable under Sections 465, 406, 467, 471 and 114 of
the Indian Penal Code.
Learned
counsel appearing for the applicants submits that the investigation
is on the verge of completion so far as the applicant herein is
concerned and allegations against the applicant are to the extent
that the order of the authority was prepared by him for regularizing
transaction of the land belonging to the tribal, which took place as
early as in the year 1971. It is further submitted that the
applicant has roots in the society, will not flee from justice and
will cooperate with the investigation as and when called for. It is
further submitted that in view of the above, the
applicant may be enlarged on bail.
Learned
APP for the respondent – State however opposes bail on the
ground that the applicant has tampered with the government record
and considering his past record, he may not be enlarged on bail.
Having
heard learned counsel for the parties and perusing the record of the
case, it transpires that so far as land in question is concerned,
the order in question is set aside by the authority and the
applicant being a government servant, now placed under suspension,
is not likely to either influence the witnesses or tamper with the
record, which is in the custody of the authority, without
discussing the evidence in detail, at this stage, 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 91/2010 with
Dahod Town Police Station, Dist. Dahod, 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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