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CR.MA/9910/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9910 of 2010
=========================================
ISHVERBHAI
ALIAS BHIKHU RAMUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR MATAFER
R PANDE for
Applicant(s) : 1,
Ms MINI NAIR, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 17/09/2010
ORAL
ORDER
Rule.
Ms. Mini Nair, learned APP, waives service of rule for the
respondent-State.
2. The present
application has been filed by the applicant for grant of regular bail
under sec. 439 of the Code of Criminal Procedure.
3. The applicant-accused
is charged with having committed offence under section 409 of IPC for
which FIR, being C.R. No. I-40/2010, has been registered with
Ichchhapore Police Station, Surat.
4. Learned advocate Mr.
Pande referred to the Fir and submitted that FIR has been filed after
two years and he is accused of temporary embezzlement of an amount of
Rs. 14,000/- which is again deposited. He therefore submitted that
considering the nature of offence, the present application may be
allowed.
5. Learned APP Ms. Nair
resisted the application.
6. Having
heard learned advocate Mr. Pande and learned APP Ms. Nair and having
considered the nature of offence, the manner in which it is
committed, the role attributed and also considering the guidelines
with regard to grant of bail, the present application deserves to be
allowed.
7. The application is
accordingly allowed. The applicant is ordered to be released on
bail in connection with C.R. No. I-40/2010 registered with
Ichchhapore Police Station, Surat on his executing a personal bond
of Rs. 5,000/- (Rupees Five Thousand only) with one solvent surety
for the like amount to the satisfaction of the lower court and
subject to the further 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 interests of the prosecution.
(d) maintain law and
order and should co-operate with the investigating officers;
(e) mark his presence
before the concerned Police Station on the first Monday of every
calendar month between 11.00 am to 2.00 pm till the charge sheet is
filed.
(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.
7. 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.
8. 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.
D.S. permitted.
(Rajesh H.
Shukla, J.)
(hn)
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