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CR.MA/13876/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13876 of 2008
=========================================================
DILIPBHAI
BABUBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR
SP HASURKAR, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 24/10/2008
ORAL
ORDER
Heard
learned advocate for the applicant and APP Mr.S.P.Hasurkar for
respondent State.
2. RULE.
Learned APP Mr.Hasurkar waives service of rule on behalf of the
respondent State.
3. The
applicant, who has been arrested in connection with CR No. I-26 of
2008 for the offences punishable under Sections 406, 420, 465, 467,
468, 471, 120-B and 114 of IPC by Bilkha Police Station has preferred
this application for seeking his release on regular bail.
4. The
allegation against the applicant is that he fabricated Power of
Attorney of the mother of the complainant and other documents in
respect of the land belonging to the mother of the complaint being
Plot No.75/75 and thereby committed the offences as stated above.
5. Taking
into consideration the fact that the investigation is over, the
applicant has of criminal antecedent and the manner in which the
alleged offence took place, this application deserves to be allowed
and it is hereby allowed. The applicant is ordered to be released on
regular bail in connection with which the he is alleged to have
implicated, on his executing a personal bond in sum of Rs.5,000/-
(Rupees Five thousand only) with one 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 misuse his liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) mark
his presence before the concerned police station on 1st
Monday of every month between 9.00 a.m. and 2.00 p.m.
(e) not
leave the State of Gujarat without the prior permission of the
Sessions concerned;
(f) furnish
the address of his residence to the I.O. 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 a week.
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.Shah,J.)
Sreeram.
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