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CR.MA/6997/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6997 of 2008
=========================================================
KESARBEN
RAJENDRABHAI BHANUSHALI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Applicant(s) : 1,MS
BELA A PRAJAPATI for
Applicant(s) : 1,
MR
KT DAVE, ADDL.PUBLIC
PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/06/2008
ORAL
ORDER
1. Rule.
Mr.Dave, learned APP waives service of rule on behalf of respondent-
State.
2. Heard
the learned advocate for the applicant and learned APP for the
respondent ? State.
3. This
application is filed by the applicant under sec. 439 of Cr.P.C. for
releasing them on regular bail in connection with the offence
registered vide CR No. I-61 of 2008 with Valsad City Police Station
for the offence punishable under sec.419, 420, 465, 466, 467, 468,
471, 114 and 120-B of the Indian Penal Code.
4. The
learned advocate for the applicant has submitted that the applicant
is innocent and is falsely involved in this case. He read the order
passed by the trial court and prayed to release the applicant on
regular bail.
5. As
against this, learned APP Mr.Dave, has strongly opposed this
application and read the order passed by the trial court.
6. I
have gone through the order passed by the trial court as well as the
papers produced on the record of the case. Looking to the allegations
leveled against the applicant, I am inclined to release him on
regular bail.
7. Learned
advocates for the parties do not press for reasoned order.
8. Considering
the facts and circumstances of the case, the present application is
allowed. The applicant is ordered to be released on regular bail in
connection with CR No. I-61 of 2008 with Valsad City Police Station,
on his executing personal bond in the sum of Rs.5,000/- (Rs. Five
Thousand only) with one surety each of the like amount to the
satisfaction of the trial 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)
surrender his passport, if any, to the lower court within a week;
(d)
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) furnish
the present address of their 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;
(f)
mark his presence before the concerned Police Station once in a
month, that is, on the 16th day of each month between
11.00am to 2.00pm upto framing of charge;
(g) maintain
law and order;
9. The
authorities will release the applicants only if he is not required in
connection with any other offence for the time being.
10.
If breach of any of any of the above conditions is committed, the
Sessions Judge concerned will be free to issue warrant or to take
appropriate action in the matter.
11. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
12. 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.
13. Rule
is made absolute to the aforesaid extent. Direct Service permitted.
[Z.K.
SAIYED, J.]
binoy*
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