Gujarat High Court Case Information System
Print
R/CR.MA/6491/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 6491 of 2011
================================================================
ARUN
@ LALU OMKAR TIWARI....Applicant(s)
Versus
THRO.
PUBLIC PROSECUTOR....Respondent(s)
================================================================
Appearance:
MRMPSHAH
as ADVOCATE for the Applicant(s) No. 1
MS.
KRUTI M SHAH as ADVOCATE for the Applicant(s) No. 1
MR
JK SHAH, APP for the RESPONDENT(s) No. 1
================================================================
CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 07/06/2011
ORAL
ORDER
Rule. Learned APP Mr.
J.K.Shah, waives service of notice of rule on behalf of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Mahidharpura Police Station vide CR No.I-167 of 2009 for the
offences punishable under Sections 406, 420 and 120 of Indian Penal
Code.
Prima
facie it appears that at the time when the accused applicant was
arrested by police in connection with another offence being CR
No.I-71 of 2011 registered with Salabatpura for the offences
punishable under Section 420 and 114 by way of transfer warrant the
accused applicant was arrested in connection with the present
Crime Register. He has already been ordered to released in
connection with CR No.I-71 of 2011 registered with Salabatpura
Police Station. It is brought to my notice by APP Mr.Shah that
during the course of investigation of the present offence nothing
incriminating has been recovered or found from the possession of the
accused. Investigation is practically over and charge-sheet has
already been filed.
In this view of the
matter, I am persuaded to exercise my discretion in favour of the
accused applicant. Under the circumstances, accused-applicant is
ordered to be enlarged on regular bail in connection with offence
registered with Mahidharpura Police Station being C.R.No.I-167 of
2009 on executing bond in the sum of Rs.15,000/- (Rupees fifteen
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 liberty or misuse liberty;
b) not act in a manner
injurious to the interest of the prosecution;
c) surrender passport, if
any, to the lower court within a week;
d) not leave the State of
Gujarat without prior permission of the Sessions Judge concerned;
e) accused applicant
shall not enter Surat till the final disposal of the trial he shall
enter only for the purpose of marking presence at Salabatpura as well
as Mahidharpura Police Station on every 1st and 15th
of the month.
f) shall not indulge in
any activity and if having found in such activity the bail shall
stand automatically cancelled.
g) furnish the present
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 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.
It
goes without saying that any observations touching the merits of the
case, purely for the purpose of deciding the question of grant of
bail and shall not be construed as an expression of the final
opinion in the main matter.
Rule made absolute.
Direct Service is permitted.
(J.B.PARDIWALA,
J.)
kks
Page
4 of 4
Top