Gujarat High Court Case Information System
Print
CR.MA/13593/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13593 of 2010
=========================================================
DINESH
BIHARILAL GOR & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
YJ PATEL for
Applicant(s) : 1 - 3.
Mr Kartik Pandya, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/11/2010
ORAL
ORDER
1. RULE.
Learned APP waives service of notice of Rule for the
respondent-State.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicants who came to be arrested in connection
with I- CR No. 14 of 2010 registered with Nakhatrana Police
Station, for the offences punishable under Sections 4 465, 468, 471,
406, 420, 120B and 114 of the IPC.
3. Learned
Advocate appearing for the applicants submits that the present
applicants-accused are alleged to have taken particular person before
the Sub Registrar Office for execution of the document and has
identified and thus about 34 sale deeds have been executed. Learned
Advocate further states that as all the sale deeds have been
cancelled by the Civil Court and now the charge sheet is filed,
present application may be allowed.
4. Learned
APP resisted the application referring to his role and submitted that
he wished to take the person to the Sub Registrar Office for the
alleged transactions which have been cancelled.
5. Having
considered the rival submissions and perusal of the role attributed
to the applicants as reflected in the FIR and considering the nature
of offence and also the fact that now the charge sheet is filed and
the case is based on documentary evidence, present application
deserves to be allowed and is accordingly allowed. The applicants
are ordered to be enlarged on bail in connection with aforesaid
offences on executing a bond of Rs. 10,000/- each [Rupees ten
thousand only] with one surety each of the like amount to the
satisfaction of the Trial Court and subject to the conditions that
they shall:
[a] not
take undue advantage of they liberty or abuse their liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
their 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] mark
their presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[f] furnish
the present address of their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[g] maintain
law and order.
[h] The
authorities will release the applicants only if they are not
required in connection with any other offence for the time being.
[I] 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.
4. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
5. 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 applicants on bail.
6. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[ANANT
S. DAVE, J.]
msp
Top