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CR.MA/9539/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9539 of 2010
=======================================================
DIPAK
DHIRAJLAL PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
RJ GOSWAMI for Applicant(s) : 1,
MR SJ SHUKLA APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 13/09/2010
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 420, 423, 465, 467, 468, 471 and 120(B) of the Indian
Penal Code, for which, FIR being I-C.R.No.22/2010 has been lodged at
Mandavi Police Station, District : Kutch.
Learned
counsel, Mr.R.J. Goswami for the applicant submitted that the
applicant had applied for the loan and amount has not been
recovered, for which, FIR has been filed. However, he submitted that
the applicant is ready to make the statement that amount of
Rs.50,000/- shall be deposited before his release and Rs.1,50,000/-
within three months thereafter
Learned
A.P.P., Mr.Shukla submitted that the applicant has submitted bogus
documents including the Village Form No.7/12 in respect of some
other land and, thereafter, committed an offence.
Having
heard learned counsel appearing for the respective parties and
having regard to the nature of offence, role attributed and
considering the statement with regard to repayment of the amount,
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.22/2010
registered with Mandavi Police Station, District : Kutch 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.
(f) deposit
Rs.50,000/- (Rupees Fifty Thousand) in the bank before his release,
for which, receipt shall be produced and Rs.1,50,000/- (Rupees One
Lac & Fifty Thousand) within three months after the release.
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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