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CR.MA/15010/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15010 of 2011
=========================================================
KISHORBHAI
HARKISHANDAS ANKHIWALA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARDIK A DAVE for
Applicant(s) : 1,
MR KL PANDYA APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/11/2011
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R.No.5 of 2011 with Surat Rural ACB Police Station for the
offences punishable under Sections 7, 13(1)(D), 13(2) of Prevention
of Corruption Act.
2. Learned
advocate Mr.Dave submitted that applicant is a innocent and falsely
implicated in the present offence and not committed any offence. He
further submitted that applicant is a Government servant and not a
single complaint is filed against him. He further submitted that
demand made is only of Rs.1000/- and therefore, the applicant may
be released on bail.
3. Learned
APP Mr.Pandya has read over the police papers and submitted that
looking to the seriousness of offence, present application may not be
entertained.
4. Having
heard learned Counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the applicant, by imposing suitable
conditions, I deem it just and proper to enlarge the applicant on
bail.
5. Learned
Counsel for the parties do not press for further reasoned order.
6. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as I-C.R.No.5 of 2011 with
Surat Rural ACB Police Station on executing a bond of Rs.10,000/-
(Rupees Ten Thousand Only) with one surety 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 liberty or misuse 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 prior permission of the Sessions
Judge concerned;
e) mark
presence at the concerned Police Station on the first Sunday of every
month between 10.00 a.m. and 3.00 p.m. for three months only;
f)
furnish the present 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 the residence without prior permission of this
Court;
7. The
authorities will release the applicant only if not required in
connection with any other offence for the time being.
8. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
9. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
10. 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 applicants on bail.
11. Rule
is made absolute accordingly. Direct Service is permitted.
(Z.K.SAIYED,
J.)
(vipul)
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