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CR.MA/9456/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9456 of 2010
=========================================
BIMALBHAI
MAHENDRABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
NK MAJMUDAR for Applicant(s) : 1,
MR HH PARIKH ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 13/09/2010
ORAL
ORDER
In the facts
and circumstances of the case and by consent of both the sides, this
application is taken up for hearing today.
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as M.
Case No.1 of 2010 registered with Bhadarva Police Station, Vadodara
(Rural) for the offences punishable under Sections 465, 466, 467,
468, 471, 472, 474 and 114 of the Indian Penal Code.
Learned
advocate Mr. Majmudar, appearing for the applicant submitted that the
the applicant is falsely implicated in the offence and the applicant
is a bonafide purchaser of the land bearing Survey No.8 situated
village Lamadapura, Ta. Savli, District : Vadodara. Even the police
has never bothered to investigate in detail regarding sale deed.
Charge-sheet is already filed. The applicant is innocent person.
Therefore, the applicant may be granted bail.
Learned APP
Mr. Parikh appearing on behalf of the respondent – State
submitted that the applicant is involved in the serious offence and,
therefore, considering the seriousness of offence, he is not entitled
to grant regular bail. Therefore, the application of the applicant
may be rejected.
Parties do not
press for further reasoned order.
I have also
perused the averments made in the application as well as the FIR
produced on the record. It is a case of only love affairs and there
is no any direct evidence prima facie against the applicant.
Considering the above, I am of the view that the applicant is
required to be enlarged on regular bail at this stage, 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 M.
Case No. 1 of 2010 registered at Bhadarva City Police Station,
Vadodara (Rural) 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] 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.
(Z.K.SAIYED,
J.)
ynvyas
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