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CR.MA/13973/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13973 of 2010
=========================================================
KHUSHALBHAI
FUSABHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HEMANG R RAWAL for
Applicant(s) : 1,
MR DC SEJPAL ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 09/12/2010
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, which is a successive bail application
after Criminal Misc. Application No. 12285 of 2010 was withdrawn.
2. The
applicant-accused is charged with having committed offences under
sections 406, 409, 420 and 114 of IPC for which FIR, being C.R. No.
I-470/2009, has been registered with Sector-7 Police Station,
Gandhinagar.
3. Learned
advocate Mr. Rawal submitted that the applicant is not involved and
the amount has not been deposited in his account and in any case as
now the charge sheet has been filed and the case is based on
documentary evidence, the present application may be allowed.
4. Learned
APP Mr. Sejpal submitted that the amount meant for the scholarship
was diverted and misappropriated in connivance with other co-accused
and the same has now been been deposited. He submitted that there
are two other cases also registered against him. Learned advocate
Mr. Rawal has stated that in both the other two cases he has been
released on bail. .
5. Having
heard learned advocate Mr. Rawal and learned APP Mr. Sejpal and
having considered the nature of offence, the role attributed and also
considering the fact that the investigation is over and charge sheet
is filed, 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-470/2009 registered with Sector-7 Police Station, Gandhinagar
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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