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CR.MA/10232/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10232 of 2011
=========================================================
HAJIBHAI
JUSABBHAI HINGORJA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MS. M.L. SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/07/2011
ORAL
ORDER
1. Rule.
Learned APP waives service of notice of Rule on behalf of
respondent-State.
2. Learned
advocate for the applicant has submitted that the alleged amount of
theft is fully recovered and considering role attributed to the
applicant, punishment prescribed and the case is triable by the
Magistrate, which may take substantially long time. It
is further submitted that the applicant has roots in the society,
will not free from justice and will cooperate with the investigation
as and when called for. It is further submitted that in view of the
above, the applicant may be granted regular bail.
3. Considering
the above prima facie aspects of the matter, I find this is a fit
case to grant regular bail. Under the circumstances, the applicant
is ordered to be released on bail in connection with CR NO.I-39 of
2011 registered with Varahi Police Station on his furnishing bond of
Rs.5,000/- (Rupees five thousand) with one surety of like amount to
the satisfaction of the lower Court and subject to following
conditions:
a). not
take undue advantage of his liberty or abuse 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 or every 1st
and 15th
day of English calender month between 11:00 a.m. and 2:00 p.m.
e). not
leave the state of Gujarat without prior permission of the Sessions
Judge concerned;
f). furnish
the address of his residence at the time of executing 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 immediately.
4. The
authorities will release the applicant only if not required in
connection with any other offence for the time being.
5. If
breach of any of the above condition is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter.
6. Bail
bond to be executed before the Lower Court having jurisdiction to try
the case.
7. 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.
8. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(A.S.DAVE,J.)
Vahid
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