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CR.MA/10032/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10032 of 2010
=======================================================
BIPINCHANDRA
AMBUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
YS LAKHANI, Sr.Adv. WITH MR
ASHISH M DAGLI for Applicant:1,
MS MINI NAIR APP for Respondent(s)
: 1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 14/09/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail.
The
applicant-accused is charged with having committed offences
under Sections 143, 147, 148, 149 and 307 of the Indian Penal Code,
under Sections 25(1)(b) and 27 of the Arms Act and under Section 135
of the Bombay Police Act, for which, FIR being I-C.R.No.57/2010 has
been lodged at Savli Police Station.
Learned
Senior Counsel, Mr.Y.S. Lakhani for Mr.Ashish Dagli for the
applicant referred to the papers and submitted that earlier in the
Company known as Thermax Co., there was some problem, for which,
complaint was filed. Thereafter, the present complaint has been
filed for the alleged offence by one of the workers. However, he
submitted that other co-accused i.e. Shashi Shetty (Contractor) has
been granted anticipatory bail as per the order passed in Criminal
Misc. Application No.9454/2010 dated 23.08.2010.
Learned
A.P.P., Ms.Mini Nair resisted the present application and submitted
that the present applicant had fired in the air and there are
eyewitnesses and, therefore, as the chargesheet is not filed, the
present application may not be entertained.
Having
heard learned
counsel appearing for the respective parties and
having perused the papers and considering the nature of offence,
manner in which it is alleged to have been committed, role
attributed, the present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.57/2010
registered with Savli Police Station on his executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) with one solvent 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 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 interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) 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.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the
chargesheet is filed.
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.
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 to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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