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Mangubha vs Public on 7 June, 2011

Gujarat High Court
Mangubha vs Public on 7 June, 2011
Author: J.B.Pardiwala,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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	R/CR.MA/7399/2011
	                                                                    
	                           ORDER

 

 


 
	  
	  
		 
			 

IN
			THE HIGH COURT OF GUJARAT AT AHMEDABAD
		
	

 


 


 


 


 


CRIMINAL
MISC.APPLICATION  No 7399 of 2011
 


 


 
	  
	  
		 
			 

 

			
		
	

 

================================================================
 

 


 
	  
	  
		 
			 

MANGUBHA
			HIRSING WAGHELA....Applicant(s)
		
	
	 
		 
			 

 Versus
			
			
		
	
	 
		 
			 

PUBLIC
			PROCECUTOR....Respondent(s)
		
	

 

================================================================
 

Appearance:
 

MR
KK BRAHMBHATT as ADVOCATE for the Applicant(s) No. 1
 

MR
JK SHAH, APP for the RESPONDENT(s) No. 1
 

================================================================
 

 


 


	 
		  
		 
		  
			 
				 

CORAM:
				
				
			
			 
				 

HONOURABLE
				MR.JUSTICE J.B.PARDIWALA
			
		
	

 


 

 


Date
: 07/06/2011
 


 

 


ORAL
ORDER

Rule.

Mr.Shah, learned APP waives service Rule for the respondent State.

This
is an application under Section 439 of Cr.P.C., praying for regular
bail in connection with the offence registered with Shihori Police
Station vide C.R. No.I-94/2008 for the offences punishable under
Section 420, 406, read with Section 34 of IPC.

Heard
Mr.Brahmbhatt, learned Counsel for the accused-applicant and
Mr.Shah, learned APP for the respondent State.

In
the facts and circumstances of the case, I am persuaded to exercise
my discretion in favour of the applicant, taking into consideration
the following aspects:-

(a) The
investigation is over and the charge-sheet has been filed.

(b) All
offences are Magistrate trial offences.

(c) The
period, during which the alleged offence is said to have been
committed, relates back to 2006-07, for which FIR is registered in
the year 2008 and arrest was affected in the year 2011.

(d) No
apprehension of accused-applicant fleeing from justice or tampering
with the prosecution witness is expressed.

In
above view of the matter, the accused-applicant is ordered to be
released on regular bail in connection with the offences registered
with Shihori Police Station vide C.R. No.I-94/2008 on his executing
a bond in the sum of Rs.15,000/- (Rupees fifteen thousand only) with
a solvent surety of the like amount to the satisfaction of the trial
Court and subject to the following conditions that he shall:-

[a] not
take undue advantage of or misuse liberty;

[b] maintain
law and order and should co-operate with the investigating officer;

[c] not
act in a manner injurious to the interest of the prosecution;

[d] surrender
his passport, if any, to the lower court within a week;

[e] not
leave the local limits of the State of Gujarat without prior
permission of the Sessions Judge concerned;

[f] furnish
the address of their residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court.

[g] not
indulge into any such activity.

The
authorities will release the applicants only if he is not required
in connection with any other offence for the time being.

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.

Bail
bond to be executed before the lower court having jurisdiction to
try the case.

It
goes without saying that any observations touching the merits of the
case is purely for the purpose of deciding the question of grant of
bail and shall not be construed as an expression of the final
opinion in the main matter.

This
application is allowed to the aforesaid extent. Rule is made
absolute. D.S. Permitted.

(J.B.PARDIWALA,
J.)

vinod

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