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CR.MA/6706/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6706 of 2011
=========================================================
DHIRUBHAI
TRIKAMBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.ALKESH
N SHAH for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date : 12/05/2011
ORAL ORDER
Rule.
Learned APP, Mr. J.K.Shah waives service of notice of rule on behalf
of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with M. Case No. 7 of 2010
registered with Bhadarva police station, Vadodara for the offences
punishable under Sections 465, 467, 468, 471, 120B read with section
114 of Indian Penal Code.
I
have heard the learned advocates for the parties at length and in
great detail. The parties do not press for reasoned order.
Having
regard to the rival contentions of the respective counsel and having
considered the case of the prosecution and the allegations against
the accused-applicant, I am inclined to exercise my discretion in
favour of the applicant considering the following aspects:
[a] Dispute
pertains to land.
[b] The
accused-applicant is the purchaser of the land in question.
[c] Offences
are Magistrate triable.
[d] This
Court has ordered release of eight co-accused involved in the
present offence on regular bail vide order dated 25th
April, 2011 passed in Criminal Misc. Application No. 5167 of 2011.
Similarly, another co-accused has also been ordered to be released
vide order dated 9th May, 2011 passed by this Court in
Criminal Misc. Application No. 5897 of 2011.
[e] No
overt act is attrubuted to the accused-applicant except the fact that
he is purchaser of the disputed land.
[f] No
allegation of forgery.
[g] No
past criminal antecedents.
[h] Investigation
is practically over and the entire prosecution is based on
documentary evidence.
Having
regard to the facts and circumstances of the case, the applicant is
ordered
to be released on bail, in connection with M. Case No. 7 of 2010
registered with Bhadarva police station, Vadodara on his executing a
bond in the sum of Rs.15,000/- (Rupees fifteen 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,
not
take undue advantage of his liberty or misuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the concerned Police Station on every 2nd
and 4th Sunday of every month between 10:00 am to 2:00
pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(J.B.PARDIWALA,
J.)
pirzada/-
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