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CR.MA/12778/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12778 of 2010
=========================================================
MEHANDRA
PRATAPSINGH RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
JS RATHOD for Applicant(s) : 1,
MR MAULIK NANAVATI APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 22/10/2010
ORAL
ORDER
Rule.
Mr.Maulik Nanavati, learned APP waives service of rule on behalf of
respondent-State.
The
present application has been filed by the applicant for grant of
regular bail after the charge-sheet under Section 439 of Criminal
Procedure Code in connection with FIR being I-C.R.No. 113 of 2009
registered with Meghaninagar Police Station, for the offence
punishable under Sections 392 and 114 of Indian Penal Code.
Learned
advocate, Mr.J.S.Yadav, referred to the FIR and other papers and
submitted that considering the nature of offence, present
application may kindly be allowed.
Learned
APP, Ms.Maulik Nanavati, resisted the application.
Having
heard the learned advocate, Mr.J.S.Yadav, for the applicant and
learned APP, Mr.Maulik Nanavati, and having considered the nature of
offence and role attributed, the 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. 113
of 2009 registered with Meghaninagar Police Station on his executing
a bond of Rs.5,000/- (Rupees Five Thousand) with one solvent surety
of the like amount to the satisfaction of the lower 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) 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
his presence before concerned Police Station on 1st Monday
of every month between 11.00 AM to 2.00 PM till the trial commences.
(f) furnish
the 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
his residence without prior permission of the Court.
(g) 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 permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
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