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CR.MA/8709/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC. APPLICATION No. 8709 of 2010
=========================================================
KARSAN
LAGDHIR MARAJ - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BY MANKAD
for
Applicant
MR HL JANI APP for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED 11th August 2010
ORAL
ORDER
This
Application is filed by the applicant under Section 439 CrPC for
releasing him on regular bail in connection with the offence
registered vide M.Case No. 1/2010 by the Rapar Police Station
for the offences punishable under Secs. 406, 408, 420, 465, 467, 468,
471, 114 IPC.
Heard
learned advocate Mr. Mankad for the applicant and learned APP Mr.
Jani for the respondent-State.
Learned
advocate Mr. Mankad contended that there is no case against the
present applicant and he has wrongly been booked by the police. He
has further contended that the Court below has not considered his
case in the proper manner. He has also contended that this is a fit
case where regular bail be grant to the applicant.
As against this, learned APP Mr. Jani has strongly opposed this
Application. He has contended that the applicant is witness in the
said forged document and no lenient view can be taken in the matter
of granting the bail.
I
have gone through the order passed by the Court below as well as the
papers produced in the matter. Looking to the allegations levelled
against the applicant, I am inclined to release him on regular bail,
without entering into the merits of the case.
Learned advocates for the parties do not press for the reasoned
order.
Considering the submissions made on behalf of the parties, and having
regard to the facts and circumstances of the case, this Application
is allowed. Applicant is ordered to be released on bail in connection
with M.Case No. 1/2010 registered with Rapar Police Station for the
offences registered against him in this applicant, on his executing a
bond for Rs. 10,000/= [Rupees Ten Thousand only] 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
act in a manner injurious to the interest of the prosecution;
[c] not
leave the local limits of the State of Gujarat without prior
permission of the concerned Sessions Court;
[d] mark
presence before Rapar Police Station, on every 16th day
of the English Calender month between 9.00 a.m to 2.00 p.m.;
[e] furnish
address of his residence to the I.O and also to the Court at the
time of execution of the Bond and shall not change the residence
without prior permission of this Court; and
[f] surrender
his passport; if any, to the lower Court within a week.
The authorities will release the applicant only if he is not
required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the
concerned Sessions Judge will be at liberty to issue warrant or take
appropriate action in the matter.
Bail bond to be executed before the lower Court having jurisdiction
to try the case.
At the trial, the trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this
stage, made by this Court while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
{Z.K
Saiyed, J.}
Prakash*
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