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CR.MA/4143/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4143 of 2010
=========================================================
BHAVINBHAI
DILIPBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS.
KRUTI M SHAH for Applicant(s) : 1,
MR DEVANG VYAS, ADDL.PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 28/04/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 for regular bail by the applicant who came to be arrested in
connection with CR No. 8/2010 registered with A.C.B. police station,
Surat City for the offence punishable under Sections 7, 13[1][c] and
13[2] of the Prevention of Corruption Act, 1988.
I
have heard Ms. Kruti Shah for the applicant and Ms. Devang Vyas,
learned APP for the opponent-State at length and in great detail. I
have considered the rival submissions and perused the averments made
in the application. I have also considered the role attributed to the
applicant which is reflected in the FIR at Annexure:A to the
application, panchnama of trap and police papers which are produced
for my perusal. Taking into account the aforesaid aspects as well as
the provisions of Sections 7, 13[1][c] and 13[2] of the Prevention
of Corruption Act, 1988, quantum of punishment, gravity of offence
etc., I am of the view that the applicant deserves to be enlarged on
bail without discussing the evidence in detail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with CR No. 8/2010 registered at A.C.B. Police Station, Surat City,
on executing a bond of Rs.10,000/- [Rupees ten thousand only] with
one surety of the like amount to the satisfaction of the Trial Court
and subject to the conditions that he shall:
[a] not
take undue advantage of his liberty or abuse his liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
his passport, if any, to the lower Court within a week;
[d] not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[e] mark
his presence at the concerned Police Station on any day of first week
of every English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f] furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g] maintain
law and order.
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.
Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
At the
trial, the Trial Court shall not be influenced by the observations of
preliminary nature, qua the evidence at this stage, made by this
Court while enlarging the applicant on bail.
Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.ANTANI,
J.)
pirzada/-
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