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CR.MA/11952/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11952 of 2010
=========================================================
JITENDRABHAI
GAMBHIRBHAI MASHRU - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR HARESH JOSHI for
MR HM
PRACHCHHAK for
Applicant(s) : 1,
MR MG NANAVATI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 14/10/2010
ORAL
ORDER
The
present application has been filed by the applicant for grant of
regular bail under sec. 439 of the Code of Criminal Procedure after
the charge sheet is filed.
2. The
applicant-accused is charged with having committed offences under
sections 323, 326, 504, 506(2) and 114 of IPC for which FIR, being
C.R. No. I-43/2010, has been registered with Rajula Police Station.
3. Learned
advocate Mr. Haresh Joshi for learned advocate Mr. Prachhak for the
applicant submitted that the charge sheet is filed and the victim is
discharged from the hospital and therefore the present application
may be allowed. He submitted that the other co-accused has been
released as per the order passed in Criminal Misc. Application No.
10152 of 2010.
4. Learned
APP Mr. Nanavati resisted the application and submitted that the role
of the present applicant is different as it has been discussed in the
impugned order. He submitted that considering the role attributed,
the present application may not be entertained.
5. Having
heard learned advocate Mr. Joshi and learned APP Mr. Nanavati and
having considered the nature of offence, the role attributed and also
the fact that charge sheet has now been filed and other co-accused
has been released, the present application deserves to be allowed.
6. The
application is accordingly allowed. The applicant is ordered to be
released on bail in connection with C.R. No. I-43/2010 registered
with Rajula Police Station, 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 trial
commences.
(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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