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R/CR.MA/7358/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7358 of 2011
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MAHENDRASINH
DHARIWAL @ MAHENDRASINH TARASINH SARDAR....Applicant(s)
Versus
STATE
OF GUJARAT....Respondent(s)
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Appearance:
MR
TEJAS M BAROT as ADVOCATE for the Applicant(s) No. 1
MR
JK SHAH APP FOR RESPONDENT No.1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 06/06/2011
ORAL
ORDER
1. Learned APP, Mr.J.K.Shah,
waives service of notice of rule on behalf of State.
2. This is an application
under Section 439 of Criminal Procedure Code praying for regular bail
in connection with offence registered with Sojitra Police Station
vide C.R.No.I-75 of 2010 for the offences punishable under Sections
465, 467, 468, 471 and 120-B of the Indian Penal Code.
3. Heard learned advocate
Mr.Barot for accused applicant and learned APP Mr.J.K.Shah for
respondent State.
4. Following aspects are
taken into consideration for ordering the release of the accused
applicant on regular bail :
All offences are magistrate
triable offences;
Investigation is over.
Charge-sheet is filed.
Entire case is based on
documentary evidence.
No apprehension of accused
fleeing from justice or tampering with the witness has been
expressed.
The accused-applicant
herein is a retired Dy. Mamlatdar.
The offence relates to
mutation of entries effected in the year 1999. This fact came to the
knowledge of the first informant in the year 2005, whereas the FIR
came to be lodged in the year 2010.
4. Considering the nature of
offence, role attributed to applicant-accused, I am inclined to
exercise my discretion in favour of the accused-applicant. Under the
circumstances, accused-applicant is ordered to be enlarged on regular
bail in connection with offence registered with Sojitra Police
Station being C.R.No.I-75 of 2010 on his executing a bond in the sum
of Rs.10,000/- (Rupees Ten thousand only) with one surety of the
like amount to the satisfaction of the lower Court and subject to the
conditions that he shall:
(i) not take undue
advantage of his liberty or abuse his liberty;
(ii) not act in a manner
injurious to the interest of the prosecution;
(iii) maintain law and
order;
(iv) not leave the State of
Gujarat without prior permission of the Sessions Court concerned;
(v) furnish the address of
his residence at the time of execution of the bond and shall not
change the residence without prior permission of this Court;
(vi) surrender his
passport, if any, to the Lower Court immediately.
5. If breach of any of the
above conditions is committed, the Sessions Judge concerned will be
free to take appropriate action in the matter. Bail before the Lower
Court having jurisdiction to try the case.
6. Rule is made absolute.
Application is disposed of accordingly. Direct service is permitted.
(J.B.PARDIWALA,
J.)
(vipul)
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