Gujarat High Court Case Information System
Print
R/CR.MA/5107/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 5107 of 2011
================================================================
NAJA
NATHA KHARA....Applicant(s)
Versus
THROUGH
P P....Respondent(s)
================================================================
Appearance:
MR
SHAILESH C SHARMA 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
: 09/06/2011
ORAL
ORDER
1.
Rule. 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
Lalpur Police Station vide C.R.No.I-17/2010 for the offences
punishable u/s.465, 467, 468, 471 & 114 of IPC.
3. The
following aspects are taken into consideration;
(I) All
offences are magistrate triable offences.
(II) Investigation
is over and charge-sheet has been filed.
(III) The
entire case is based on documentary evidence.
(IV) No
apprehension of accused fleeing from justice or tampering with the
prosecution witness/s has been expressed.
4.
Under the circumstances, the accused-applicant is ordered to be
enlarged on regular bail in connection with offence registered with
Lalpur Police Station, vide C.R. No.I-17 of 2010 on his executing a
bond in the sum of Rs.15,000/-(Rupees fifteen thousand only) with one
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 act in a manner injurious to the interest of the prosecution;
(c)
Maintain law and order;
(d)
Mark his presence once in a month with the concerned Police Station
between 10:00 am to 2:00 pm;
(e)
Not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
(f)
Furnish permanent address of his residence at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
(g)
Surrender his passport, if any, to the Lower Court immediately.
5.
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.
6.
If breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
7.
Bail before the Lower Court having jurisdiction to try the case.
8.
Rule is made absolute. Application is disposed of accordingly.
Direct service is permitted.
(J.B.PARDIWALA,
J.)
pravin/*
Page
3 of 3
Top