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CR.MA/12053/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12053 of 2010
=========================================
BHALJIBHAI
BHURJIBHAI MEDA-BHIL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR TUSHAR L
SHETH for
Applicant(s) : 1,
Ms. MINI NAIR, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 21/10/2010
ORAL
ORDER
1. The present
application has been filed by the applicants for grant of regular
bail under sec. 439 of the Code of Criminal Procedure after the
charge sheet is filed.
2. The applicant-accused
is charged with having committed offences under sections 395, 397,
457 of IPC and sec. 135 of the Bombay Police Act for which FIR, being
C.R. No. I-326/1998, has been registered with Gondal Taluka Police
Station.
3. Learned advocate Mr.
Sheth submitted that considering the nature of offences as charge
sheet has been filed, the present application may be allowed. He
submitted that the allegation is that he was absconding and Sessions
Case Nos. 76/2003 and 67/2005 against the two other co-accused have
been over and they have been acquitted. He also submitted that he was
not aware being a labourer and therefore the present application may
be allowed.
4. Learned APP Ms. Shah
resisted the application.
5. Having
heard learned advocate Mr. Sheth and learned APP Ms. Shah and having
considered the nature of offence, the role attributed and also
considering the overall facts and circumstances that the applicant is
a labourer who is alleged to have been involved in the loot of Rs.
7000-8000 and the fact that other co-accused have been in fact
acquitted in the sessions cases, the interest of justice would be
served if he is released on bail.
6. The application is
accordingly allowed. The applicant is ordered to be released on bail
in connection with C.R. No. I-326/1998 registered with Gondal Taluka
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.
7. 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.
8. 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.)
(hn)
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