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CR.MA/11403/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11403 of 2010
=========================================================
BHARATBHAI
JERAMBHAI DHARIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
M/S
THAKKAR ASSOC. for
Applicant(s) : 1,
Ms. MANISHA LAVKUMAR SHAH, ADDL. PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 05/10/2010
ORAL
ORDER
1. 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.
2. The applicant-accused
is charged with having committed offences under sections 408, 409,
420, 477A and 114 of IPC for which FIR, being C.R. No. I-65/2009, has
been registered with Paliyad Police Station.
3. Learned Sr. Counsel
Mr. P.M. Thakkar submitted that the applicant who is a Sarpanch has
been attributed with negligence in verification of the work and some
irregularities in the scheme. He submitted that considering the
nature of offence, he may be released as now the charge sheet has
been filed. He further submitted that other co-accused have been
released as per order passed in Criminal Misc. Application Nos.
10707/2010 and 11094/2010.
4. Learned APP Ms. Shah
resisted the application. She referred to the FIR and the order
passed by the Sessions Court and submitted that there is a prima
facie case.
5. Having
heard learned Sr. Counsel Mr. Thakkar and learned APP Ms. Shah and
having considered the nature of offence, the manner in which the
offence is alleged to have been committed, the role attributed and
also considering the fact that charge sheet has now been filed and
the other co-accused have been released, the present application
deserves to be allowed.
6. The application is
accordingly allowed. The applicant is ordered to be released on bail
in connection with C.R. No. I-65/2009 registered with Paliyad 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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