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CR.MA/10569/2008 3/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10569 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
BHACHU
KARSAN KOLI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BY MANKAD for
Applicant(s) : 1,
MR. R.C. KODEKAR APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 04/09/2008
ORAL
JUDGMENT
1. Rule.
Shri R.C. Kodekar, learned APP, wavies service of rule on behalf of
the respondent State.
2. Present
application is filed by the applicant-original accused Bhachu Karsan
Koli after submission of the charge-sheet for releasing him on bail
in connection with complaint being I. C.R. No. 20 of 2008 registered
with Rapar Police Station, District Kutch for the offences punishable
under Sections 420, 465, 468, 471, 114 of IPC. It appears that the
alleged date of of offence 21.9.2007 and the complaint has been
lodged on 23.3.2008 after the complainant lost in the RTS
proceedings, the complaint came to be lodged. It appears that there
were two power of attorney with respect to different lands and with
respect to another land and the power of attorney petitioner is
already granted anticipatory bail as well as the regular bail.
3. Considering
the above and more particularly, when the complaint was not filed
immediately and complaint came to be filed only after the complainant
lost in RTS proceedings and considering the fact that the
investigation is already over and the charge-sheet is already filed,
the applicant deserves to be released on bail. Applicant is ordered
to be released on bail in connection with Crime Register I. C.R. No.
20 of 2008 registered with Rapar Police Station, District Kutch for
the offences punishable under Sections 420, 465, 468, 471, 114 of IPC
on his executing a bond of Rs.5,000/- (Rupees Five Thousand only)
with one surety of the like amount to the satisfaction of the lower
Court and subject to the conditions that applicant shall :
(a) not
take undue advantage of their liberty or abuse their liberty:
(b) not
act in a manner injurious to the interest of the prosecution:
(c) maintain
law and order;
(d) mark
their presence before concerned Police Station on 1st and 7th
day of every English calendar month between 11.00 a.m. and 2.00 p.m.
for a period of 6 (six) months.
(e) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(f) furnish
address of their residence at the time of execution of the bond and
shall not change their residence without prior permission of this
Court;
(g) surrender
their passport, 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. Direct Service is permitted.
[M.R.SHAH,
J.]
Kaushik
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