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CR.MA/11238/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11238 of
2010
=========================================================
MAHENDRASINH
@ BHIKHO HATHISINH YADAV & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR PP MAJMUDAR for Applicant(s)
: 1 - 2.
MS ML SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 21/10/2010
ORAL
ORDER
The
present application has been filed by the applicants for grant of
regular bail under Section 439 of Criminal Procedure Code in
connection with FIR being I-C.R.No. 118 of 2010 registered with
Chhani Police Station, District: Vadodara for the offence punishable
under Sections 379, 413, 120-B, 465, 468, 467 of Indian Penal Code
as well as Section 75 of the Sales Tax Act.
Learned
advocate, Mr.P.P.Majmudar referred to the papers and submitted that
other co-accused have been released and therefore, he submitted that
present application may be allowed as the custodian interrogation is
also over.
Learned
APP, Ms.Shah, for the respondent-State resisted the application and
submitted that applicant No.1 is the main accused and applicant No.2
is abetted. The role attributed to applicant No.1 is of preparing
false bills. She also submitted that charge-sheet has now been
filed. However, she stated that the custodian interrogation is over
and documents have been recovered.
Having
heard learned advocate, Mr.P.P.Majmudar for the applicants and
learned APP, Ms.Shah, for the respondent-State and having considered
the nature of offence, manner in which it is alleged to have been
committed, role attributed and also considering the fact that
custodian interrogation is over and the documents have been
recovered and other co-accused have been also released, present
application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with FIR being I-C.R.No. 118
of 2010 registered with Chhani Police Station, District: Vadodara on
their executing a bond of Rs.5,000/- (Rupees Five Thousand) each
with one solvent surety of the like amount to the satisfaction of
the lower Court and subject to the conditions that they shall:
(a) not
take undue advantage of their liberty or abuse their 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 interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
their presence before concerned Police Station on 1st
Monday of every month between 11.00 AM to 2.00 PM till the
charge-sheet is filed.
(f) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change their residence without prior permission of the Court.
(g) surrender
their passport, if any, to the lower Court, within a week.
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.
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. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
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