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CR.MA/12170/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12170 of 2011
======================================
BOBBYSINGH
MAHENDRASINGH MENDIRATTA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
PM THAKKAR FOR M/S THAKKAR ASSOC. for Applicant(s) : 1,
MR KL
PANDYA ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 30/09/2011
ORAL
ORDER
1. Heard
learned Advocate for the applicant and learned APP Mr.K.L.Pandya on
behalf of respondent – State.
2. The
applicant has preferred this application, under Section 439 of the
Code of Criminal Procedure, for enlarging him on bail in connection
with the offence being CR No. I-319 of 2011 registered with Amraiwadi
Police Station, Ahmedabad for the offence u/ss. 406, 420, 467, 468,
114 and 120(B) of Indian Penal Code.
3. Having
heard the learned Counsel for both the sides and looking to the facts
and circumstances of the case, statement of the witnesses, gravity of
the offence and the fact that the employee is merely an employee and
the Investigating Officer has also filed an affidavit before the
Sessions Court stating that the applicant was not the main
administrator or owner of the Institute, but, he is merely an
employee. Looking to the facts that there is no definite allegation
made against the applicant, I am, therefore, inclined to grant bail
to the applicant. Both the learned Advocates do not press for
reasoned order.
4. Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I-319 of 2011
registered with Amraiwadi Police Station, Ahmedabad, for the offence
alleged against him in this application on his executing a Bond of
Rs.10,000/- (Rupees ten thousand only) with one solvent 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) furnish
the 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 the residence
without prior permission of this Court;
g) surrender
his passport, if any, to the lower Court within a week.
5. 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.
6. 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.
7. Rule
is made absolute. Direct service is permitted today.
(Z.K.SAIYED,J.)
ynvyas
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