IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 11811 of 2004
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RAMANBHAI BHOLIDAS PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR PM THAKKAR, SR. ADVOCATE, WITH MR YOGESH S LAKHANI
for Petitioner No. 1-2
MR TS NANAVATI, SPECIAL PUBLIC PROSECUTOR
for Respondent No. 1
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CORAM : HON'BLE MR.JUSTICE A.L.DAVE
Date of Order: 01/02/2005
ORAL ORDER
Rule. Mr. Nanavati, Special Public Prosecutor
for the State waives the service.
2.The charge sheet has been laid and there is no
dispute about the fact that, in the charge sheet papers,
the Investigating Agency has not been able to collect any
material against the present applicant in respect of the
property involved in the present offence registered with
Sarkhej Police Station vide C.R. No.202 of 2004.
Existence of a so called agreement between the present
applicants and another co-accused, Gopal Amin, therefore,
cannot have any significance so far as this offence is
concerned. Added to this is the fact that the
handwriting expert’s opinion is also not forming part of
the charge sheet, as on today. Bail cannot be denied to
the applicant.
3.The application is allowed and the applicants are
ordered to be released on bail in connection with Crime
Register No.I-202 of 2004 of Sarkhej Police Station on
their executing a bond of Rs.10000/- (Rupees ten thousand
only) each with one surety each of the like amount to the
satisfaction of the lower Court and subject to the
conditions that they shall,
(a) not take undue advantage of their liberty or
abuse they liberty;
(b) not act in a manner injurious to the interest of
the prosecution;
(c) maintain law and order;
(d) mark their presence before the concerned Police
Station on 1st Sunday of every March, June,
September an December, between 9.00 a.m. and
2.00 p.m.;
(e) not leave the country;
(f) furnish the address of their residence at the
time of execution of the bond and shall not
change the residence without prior permission of
this Court;
(g) surrender their passports, if any, to the lower
court within a week.
4.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.
5.Bail before the lower Court having jurisdiction
to try the case.
6.Rule is made absolute.
7.Direct service is permitted.
[ A.L. DAVE, J. ]
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