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CR.MA/9772/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9772 of 2010
=========================================================
KALUBHAI
DIPSING RANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MM TIRMIZI for Applicant(s) : 1,
MS MINI NAIR, APP for
Respondent(s) :
1,
=========================================================
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 before the
charge-sheet is filed.
Applicant-accused
is charged with having committed offences under Sections 465, 467,
143 and 506(2) of Indian Penal Code for which FIR being C.R.No.I-21
of 2010 registered with Tarapur Police Station, Anand.
Learned
advocate Mr.Tirmizi referred to the FIR and submitted that incident
having taken place before May, 2009 for which, the complaint is
filed in February, 2010. He further referred to the papers and also
submitted that civil litigation is also pending and revenue
proceedings are also there. He therefore submitted that present
application may be allowed.
Learned
APP resisted the application. However, it is also stated that
complainant and applicant are partners. There is some irregularity
for which the complaint has been filed. She further submitted that
investigation is not over and the charge-sheet is not filed,
therefore, application may not be entertained.
Learned
advocate Mr.Kapadia appearing for the original complainant resisted
the application and submitted that land could not have been
converted as old tenure and the entries are mutated without proper
verification. Therefore, present application may not be entertained
as investigation is not over.
Having
heard learned advocate, Mr.Tirmizi, learned APP, Ms.Mini Nair and
learned advocate Mr.Kapadia for the original complainant and having
perused the papers and considering the nature of offence and role
attributed and also considering the fact that civil litigation is
also there and there is reference to application before Authority
under the Land Revenue Code, present application deserves to be
allowed.
Accordingly,
present application stands allowed. The applicant, Kalubhai Dipsing
Rana, is ordered to be released on regular bail in connection with
I-C.R.No.21/2010 registered with Tarapur Police Station, Anand 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 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.
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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