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CR.MA/1766/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1766 of 2011
======================================
RAMANLAL
CHHAGANLAL PANDYA
Versus
STATE
OF GUJARAT
======================================
Appearance :
Mr
Vaibhav N Sheth for the Applicant
Mr
Ashish Desai, APP for the Respondent
State
======================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 28/02/2011
ORAL
ORDER
Rule.
Mr Desai, learned APP waives service of notice of Rule on behalf of
the State.
The
accused-applicant, a Government Servant, prays for regular bail in
connection with the offence registered with Talod Police Station,
Sabarkantha District vide C.R.No.I 55 of 2009 for the offences
punishable under Sections 219, 420, 406, 467, 408, 469 read with
Section 120B of the Indian Penal Code.
Heard
the learned counsel for the parties.
Following
aspects are taken into consideration:-
(a) The
investigation is over and the charge sheet is filed;
(b) All
offences are Magistrate triable offences.
(c) Prima
facie, it appears that the only allegation against the
accused-applicant is that he was not duly authorised to put the
properties in auction. However, there are no allegations of
misappropriation of any sale proceeds of the auction.
Having
regard to the facts and circumstances of the case, the nature of the
offence, the role attributed to the accused-applicant and the fact
that the investigation is over and charge-sheet has been filed, I am
inclined to exercise my discretion in favour of the
accused-applicant.
The applicant is ordered to be released on bail in connection with
offence registered with Talod Police Station, Sabarkhanta District
being Crime Register No.I-55 of 2009 on his executing a bond in the
sum of Rs.10,000/- (Rupees ten thousand only) with one 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 or misuse liberty;
[b] maintain
law and order and should co-operate with the investigating officer;
[c] not
act in a manner injurious to the interest of the prosecution;
[d] surrender
his passport, if any, to the lower court
within a week;
[e] not
leave the local limits of the State of Gujarat without prior
permission of the Sessions Judge concerned;
[f] furnish
the address of his residence 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 he is 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. This application is allowed.
Rule
is made absolute. D.S. Permitted.
(J.B.Pardiwala,
J.)
*mohd
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