Gujarat High Court Case Information System
Print
CR.MA/7201/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7201 of
2011
=================================================
MUSTUFA
GULAMBHAI DOSU (BHATTI) & 1 - Applicant(s)
Versus
THRO'
PP - Respondent(s)
=================================================
Appearance :
MR
MM TIRMIZI for Applicant(s) : 1,None for Applicant(s) : None for
Petitioner No(s).: for Applicant(s) : 2,
MS ML SHAH APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/06/2011
ORAL
ORDER
Learned counsel appearing for the
applicant submits that for the alleged transaction in question,
cancellation of sale deed dated 28.01.2011 is executed between the
parties, which is annexed along with the application and upon
submission of a compromise pursis, a decree was also drawn by the
trial Court. It is further submitted that considering
the nature of allegations and role attributed to the applicant, by
imposing suitable conditions, the applicant may be enlarged on
bail.
Heard learned APP for the
respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences, without discussing the evidence
in detail, at this stage, I am inclined to enlarge the applicant on
bail in connection with C.R.No.I-34/2011 of Bharuch Taluka Police
Station, Dist. Bharuch for the offences punishable under sections
467, 468, 465, 471, 420, 181, 120-B of the Indian Penal Code, on
furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one
surety of the like amount to the satisfaction of the lower Court and
on conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m till commencement of the trial.
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
Top