Gujarat High Court Case Information System
Print
R/CR.MA/7694/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7694 of 2011
======================================
ILYASBHAI
ACHUBHAI VIRPARA....Applicant
Versus
STATE
OF GUJARAT....Respondent
======================================
Appearance
:
MR
PRATIK Y JASANI as ADVOCATE for the Applicant.
MR
JK SHAH, APP for the Respondent.
======================================
CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 10/06/2011
ORAL
ORDER
Rule.
Learned APP Mr. J. K. Shah waives service of notice of rule on
behalf of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Thorala Police Station vide C.R.No.I-52 of 2011 for the offences
punishable under Sections 406, 420, 465, 467, 468, 471 & 120-B
of the Indian Penal Code.
In
the peculiar facts and circumstances of the case, I am persuaded to
exercise my discretion in favour of the accused-applicant taking
into consideration the following aspects :
All
offences are Magistrate triable offences.
Entire
case is based on documentary evidence.
Investigation
is over. Charge-sheet is filed.
The
land in question is still in the name of the original owner i.e. the
first claimant.
No
criminal history or any past antecedents.
No
apprehension of accused fleeing from justice or tampering with the
prosecution witnesses is expressed.
In
this view of the matter, I am persuaded to exercise my discretion in
favour of the accused applicant. Under the circumstances,
accused-applicant is ordered to be enlarged on regular bail in
connection with offence registered with Thorala Police Station being
C.R.No.I-52 of 2011 on his executing a bond in the sum of
Rs.25,000/- (Rupees Twenty 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 :
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mhis
presence before the concerned Police Station once in a month between
10:00 am to 5:00 pm till trial commences;
not
leave the State of Gujarat without prior permission of the Sessions
Court concerned;
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;
surrender
his passport, if any, to the Lower Court immediately. If breach of
any of the above conditions is committed, the Sessions Judge
concerned will be free to take appropriate action in the matter.
Igoes
without saying that any observations touching the merits of the case
are purely for the purpose of deciding the question of grant of bail
and shall not be construed as an expression of the final opinion in
the main matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly. Direct
service is permitted.
Sd/-
(J.B.PARDIWALA,
J.)
Savariya
Page
3 of 3
Top