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CR.MA/11001/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11001 of 2011
=========================================================
MAHENDI
HASAN @ LALLUNUR MOHAMMAD SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HARDIK A DAVE for
Applicant(s) : 1,
Ms.Manisha L Shah, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/08/2011
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.15/2011 with Athwa Police Station, District Surat for the
offences punishable under Sections 420, 465, 467, 468, 471, 504,
506(2)m 120-B, 114 of Indian Penal Code.
2. Learned
counsel appearing for the applicants submits that the applicant is
claiming parity especially when the complainant has adopted a
selective approach in settling the case with another co-accused and
qua the said accused, the complaint is quashed and set aside by order
dated 6.5.2011 by coordinate Bench of this Court (Coram : Hon’ble
Mr.Justice M.D.Shah, J) in Criminal Miscellaneous Application No.3346
of 2011 where the offences under Sections 420, 465, 467, 468, 471,
504, 506(2), 120-B and 114 of Indian Penal Code are registered.
Another two co-accused have been enlarged on bail by coordinate Bench
of this Court (Coram : Hon’ble Mr.Justice J.B.Pardiwala,J) vide order
dated 14.7.2011 passed in Criminal Miscellaneous Application No. 8936
of 2011 and also by this Court vide order dated 26.4.2011 passed in
Criminal Miscellaneous Application No.4922 of 2011, the applicant
cannot be deprived of the benefit of bail when the transaction is a
part of the disputed Power of Attorney executed in favour of the
applicant.
3. Heard
learned APP Ms.Manisha L Shah for the respondent-State and learned
advocate Mr.A.B.Munshi for the original complainant.
4. Having
heard learned counsels 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 and on the ground of
parity, by imposing suitable conditions, I deem it just and proper to
enlarge the applicant on bail.
5. Learned
counsels 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.15/2011 with
Athwa Police Station, Surat on executing a bond of Rs.5,000/- (Rupees
Five 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) maintain
law and order.
(d) surrender
passport, if any, to the lower Court, within a week.
(e) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(f) mark
presence at the concerned Police Station on every 1st and
15th day of English calender month between 11.00 a.m. to
2.00 P.M.;
(g) 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 will be free to issue warrant or take appropriate action in the
matter.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. 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.
9. Rule
is made absolute. Direct service permitted.
(
Anant S Dave, J )
srilatha
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