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CR.MA/1319420/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13194 of
2008
=========================================================
BHARATBHAI
SAMBHUBHAI GAJJAR - Applicant(s)
Versus
STATE
OF GUAJRAT - Respondent(s)
=========================================================
Appearance
:
MR
JAYPRAKASH UMOT for
Applicant(s) : 1,
MR MR MENGDEY ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 22/10/2008
ORAL
ORDER
1. RULE.
Mr. Mengdey, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicant who has been arrested in connection with M. Case No. 15 of
2000 by Kalol City Police Station for the offences punishable under
Section 465, 467, 468, 471 and 474 of the I.P.C. has preferred this
application seeking his release on regular bail.
3. The
allegation against the applicant is that
he
purchased a truck with the financial assistance provided by the
complainant-Company and registered the same and then by fabricating
sale letter and other documents got the very same truck again
registered with different registration number, with the help of other
accused person, and on the basis of that obtained loan from Kalol
Nagrik Sahakari Bank Limited and thereby committed the offences as
stated above.
4. Taking
into consideration the ‘No Due Certificate’ issued by The Kalol
Nagrik Sahakari Bank Ltd. dated 16.12.2003 and the statement made by
Mr. Umot, learned Advocate on instructions from the wife of the
present applicant, that the applicant is ready and willing to pay the
outstanding amount of the complainant-Company and that the applicant
will regularly pay the monthly installment towards the repayment of
financial assistance taken from the complainant-Company till the
entire outstanding amount of the complainant-Company is paid, this
application deserves to be allowed.
5. Accordingly,
the application is allowed. The applicant is ordered to be released
on regular bail in connection with M. Case No. 15 of 2000 registered
with Kalol City Police Station, Gandhinagar for the offences alleged
against him in this application on his executing personal bond of
Rs.10,000/-(Rupees Ten 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 his liberty or misuse his
liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[e] furnish
the address of his residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
[f] surrender
his passport, if any, to the Lower Court, within a week,
[g]
will strictly comply with the assurance given to this Court by
his wife on his behalf.
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.
Shah,J.)
Umesh/
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