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CR.MA/11842/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11842 of 2010
=========================================
BHAGUBHAI
MELABHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
MANAN A SHAH for the Applicant.
Ms. M.L.Shah, Additional PUBLIC
PROSECUTOR for the
Respondent.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 21/10/2010
ORAL
ORDER
Rule. Learned
Additional Public Prosecutor Ms. M.L.Shah waives service of notice of
Rule on behalf of the respondent State.
2. The present
application has been filed by the applicant for grant of regular bail
under sec. 439 of the Code of Criminal Procedure after the charge
sheet is filed.
3. The
applicant-accused is charged with having committed offences under
sections 143, 147, 148, 302 of IPC for which FIR, being C.R. No.
I-104/2010, has been registered with Udhna Police Station.
4. Learned
advocate Mr. Manan Shah referred to the papers and submitted that
the thief had entered the society, which ultimately resulted in the
incident and the complaint has been filed and the applicant has been
falsely implicated and submitted that as now the charge sheet has
been filed and other co-accused have been released as per the order
passed in Criminal Misc. Application Nos. 10676 of 2010 dated
17.9.2010, 11082 of 2010 dated 28.9.2010, 10096 of 2010 dated
3.9.2010 and Criminal Misc. Application No. 11864 of 2010 dated
20.10.2010, the present application may be allowed.
5. Learned APP
Ms. Shah resisted the application.
6. Having
heard learned advocate Mr. Manan Shah and learned APP Ms. Shah and
having considered the nature of offence, the role attributed and also
considering the fact that charge sheet has now been filed and other
co-accused have been released, the present application deserves to be
allowed.
7. The
application is accordingly allowed. The applicant is ordered to be
released on bail in connection with C.R. No. I-104/2010
registered with Udhna Police Station on his executing a
personal bond of Rs. 5,000/- (Rupees Five Thousand only) with one
solvent surety for the like amount to the satisfaction of the lower
court and subject to the further conditions that he shall :
(a) not take
undue advantage of his liberty or abuse his liberty.
(b) not to try
to tamper or pressurize the prosecution witnesses or complainant in
any manner;
(c ) not act in
any manner injurious to the interests of the prosecution.
(d) maintain
law and order and should co-operate with the investigating officers;
(e) mark his
presence before the concerned Police Station on the first Monday of
every calendar month between 11.00 am to 2.00 pm till the trial
commences.
(f) furnish the
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 his
residence without prior permission of the court.
(g) surrender
his passport, if any, to the lower court, within a week.
8. If breach
of any of the above conditions is committed, the concerned Sessions
Judge will be free to issue warrant or take appropriate action in the
matter.
9. Bail before
the lower court having jurisdiction to try the case. It would be open
to the trial court concerned to give time to furnish the solvency
certificate, if prayed for.
Rule is made
absolute. D.S. permitted.
(Rajesh
H. Shukla, J.)
***vcdarji
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