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CR.MA/6337/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6337 of 2010
=========================================================
HITESHKUMAR
BHADRESHBHAI BHAPAT - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
NL RAMNANI for
Applicant
MR MG NANAVATY ADDL PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 21/06/2010
ORAL
ORDER
Rule.
Mr. Nanavaty, learned APP waives service of Rule on behalf of
respondent State. By consent, Rule is fixed forthwith.
The
applicant – accused, who has been arrested in M. Case 4 of
2007 registered with Anjar Police Station for the offences
punishable under Sections 404, 420, 464, 465, 467, 468, 471 &
120(B) of the IPC has moved this Court under Section 439 of the
Code of Criminal Procedure for seeking bail pending trial.
The
accused moved the application being Criminal Misc. Application No.
264 of 2010 before the concerned Sessions Court, which came to be
rejected on 11.6.2010.
This
Court has taken into consideration the documents produced on record
and the reasoning assigned by the Sessions Court while rejecting the
bail application of the applicant. The applicant deserves to be
enlarged on bail for the following reasons:
Shri
Ramani, learned advocate submitted that present applicant is facing
the charge of being a person, who identified the person who is said
to have been forged the power of attorney in his favour and on the
strength of power of attorney accused No. 1 transacted the land in
question and other person, who has been named as accused no. 1 in
the FIR has been enlarged on bail by this Court in Criminal Misc.
Application No. 7572 of 2009 (Coram: Hon’ble Smt. Abhilasha Kumari,
J.) vide order dated 4.8.2009 and he submitted that in view of this,
present applicant also deserves to be enlarged on bail on
appropriate terms and conditions. In view of this fact, which been
pleaded and have not been controverted, this Court is of the view
that the applicant is entitled to be enlarged on bail on appropriate
terms and conditions.
Looking
to the averments and nature of evidence and role of the applicant,
he deserves to be enlarged on bail pending trial.
The
applicant has his wherewithal at his ordinary place of residence and
therefore, his presence could be procured by imposing appropriate
conditions during trial.
The
prosecution has not voiced any grievance or expressed any
apprehension that he is likely to flee from justice, if he is
released on bail.
The
prosecution has also not expressed any grievance or apprehension
that he is capable of tempering with evidences or influencing the
witnesses, if he is released on bail.
The
Sessions Court has not appreciated these aspect and therefore, the
said order deserves to be quashed and set aside and accordingly, it
is quashed and set aside.
The
aforesaid observations are made only for the purpose of examining
the prayer for bail pending trial. These observations are
prima-facie and shall have no bearing whatsoever upon the trial and
the trial Court shall not be influenced by it in any way and come to
its own conclusion after analyzing the evidence that may be led
during the trial.
Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with M. Case No. 4 of 2007 registered with Anjar Police Station on
his executing a bond of Rs.5,000=00/- (Rupees Five Thousand only)
with one 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 misuse his liberty:
(b) not
act in a manner injurious to the interest of the prosecution:
(c) maintain
law and order;
(d) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) furnish
the address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(f)
mark his presence before concerned Police Station on every 15th
day of each English Calendar month initially for a period of 6
months between 9.00 a.m. to 2.00 p.m.
(g) surrender
his passport, if any, to the lower Court within a week.
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.
Bail
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct Service is permitted.
(S.R.BRAHMBHATT,
J.)
pallav
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