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CR.MA/7939/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7939 of 2010
=========================================================
MAYURBHAI
TULJASHANKAR VYAS - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR UA TRIVEDI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/08/2010
ORAL
ORDER
The
present application is filed by the applicant under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging him on regular
bail in connection with the offence being CR No. I 28 of 2010
registered with Bavla Police Station, Dist. Ahmedabad, for the
offences u/s. 409, 406, 420, 114 and 120-B of I.P. Code.
Heard
learned Advocate for the applicant and learned A.P.P. for the
respondent – State. Learned Advocate for the applicant has contended
that the applicant is at the verge of retirement. He has contended
that the investigation is over and the applicant is in jail since
the date of his arrest and prima facie no offence under Section 409
is made out against the applicant as during the investigation
nothing was found and no evidence is found that any misappropriation
was made and any amount was found from the applicant. I have also
perused the papers produced before me. Learned APP has vehemently
opposed this application. However, both the parties do not press for
any reasoned order.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses and
the gravity of the offence and the fact that now the charge-sheet is
filed, I am inclined to grant bail to the applicant.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I – 28 of 2010
registered with Bavla Police Station, Dist. Ahmedabad, for the
offences alleged against him in this application on his executing a
Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent
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 his liberty or abuse his liberty;
b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
h) surrender
his 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 is permitted.
(Z.K.SAIYED,J.)
sas
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