Gujarat High Court Case Information System
Print
CR.MA/9292/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9292 of 2010
=========================================
GOVINDBHAI
JUHABHAI DUTT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR RAVISH D
BHATT for
Applicant(s) : 1,
MR HH PARIKH, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 31/08/2010
ORAL
ORDER
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with the offences registered at CR No.I-14 of 2010
registered with Ahwa Police Station for the offences punishable
under Section 409 and Section 201 read with Section 114 of the
Indian Penal Code.
Heard
Mr.Ravish Bhatt, learned counsel for the applicant and Mr.H.H.
Parikh, learned Additional Public Prosecutor, for the State.
Mr.Bhatt
has contended that the amount in question is already deposited with
the Bank of Baroda, Ahwa Branch. He has also contended that the same
is verified by the Investigating Agency.
Mr.Parikh
has submitted that the amount in question is deposited by the
applicant with Bank of Baroda, Ahwa Branch. He has also contended
that the statement of Branch Manager, Bank of Baroda, Ahwa Branch,
is supporting the fact that amount in question is deposited.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. I have also considered the
submissions advanced by the learned counsel for the parties and the
statement of the Branch Manager, Bank of Baroda, Ahwa Branch produce
on record in Criminal Miscellaneous Application No.9290 of 2010.
Looking to the allegations levelled against the applicant, I am
inclined to release him on regular bail.
Learned
counsel for the parties do not press for a reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicant is ordered to be released on bail in connection with
CR No.I-14 of 2010 registered with Ahwa Police Station for the
offences 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 lower Court and
subject to the conditions that he shall,
(i) not
take undue advantage of his liberty or abuse his liberty;
(ii) not
act in a manner injurious to the prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) furnish
the present address of residence to the Investigating Officer as
well as to the Court at the time of furnishing bond and shall not
change his residence till further orders
(v) Surrender
his passport, if any, to the lower Court within a week;
The
Authority will release the applicant only if he is not required in
connection with any other offence for the time being.
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
bond to be executed before the lower Court having jurisdiction to
try the case.
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 applicant on bail. Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
Top