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CR.MA/9307/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9307 of 2010
=========================================================
HIRENBHAI
ARVINDBHAI JANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
BA SURTI for Applicant(s) : 1,
MR SHIVANG SHUKLA, APP for
Respondent(s) : 1,
MR HARDIK A DAVE for
Complainant
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 07/09/2010
ORAL
ORDER
Present
application has been filed by the applicant-accused for grant of
regular bail under Section 439 of Criminal Procedure Code after the
charge-sheet is filed.
Applicant-accused
is charged with having committed offences under Sections 406, 420,
467, 468, 471, 504, 506(2), 114, 34 and 120-B of Indian Penal Code
for which FIR being C.R.No.I-30 of 2010 registered with Chowk Bazar
Police Station, Surat.
Learned
advocate Mr.Surti referred to the papers and submitted that
applicant has not signed any document and has not remained present
for execution or registration of the documents. However, he
submitted that he is said to have posed himself as an advocate and
therefore, he is arraigned as an accused. He submitted that other
person, Bhikhabhai, in whose favour Power of Attorney has been
executed was remained present at the time of execution or
registration of the document, which is also observed by the Sessions
Court. He further submitted that as now, the investigation is over
and the charge-sheet is filed, present application may be allowed.
Learned
APP resisted the present application. He referred to the papers and
submitted that he is said to have posed himself as an advocate and
signed the papers. He also submitted that there is some prima-facie
evidence which suggest about the involvement of the present
applicant.
Learned
advocate Mr.Dave appearing for original complainant also resisted
the application and submitted that he is a teacher and also posed as
Lawyer, which itself suggest his involvement.
Having
heard the learned advocates for the respective parties and having
perused the papers and also considering the nature of offence,
manner in which the offence alleged to have been committed, role
attributed, present application deserves to be allowed as now the
charge-sheet is filed.
Accordingly,
present application stands allowed. The applicant, Hirenbhaqi
Arvindbhai Jani, is ordered to be released on regular bail in
connection with I-C.R.No.30/2010 registered with Chowk Bazar Police
Station, Surat on his executing a bond of Rs.5,000/- (Rupees Five
Thousand) 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) mark
his presence before concerned Police Station on 1st Monday
of every month between 11.00 AM to 2.00 PM till the trial is over.
(f) 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.
(g) surrender
his passport, if any, to the lower Court, within a week.
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. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
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