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CR.MA/11864/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11864 of 2010
=========================================================
NARESH
GAMANLAL MATLIWALA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1,
Ms. MANISHA LAVKUMAR SHAH, APP, for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 20/10/2010
ORAL
ORDER
The
present application has been filed by the applicant for grant of
regular bail under sec. 439 of the Code of Criminal Procedure after
the charge sheet is filed.
2. The
applicant-accused is charged with having committed offences under
sections 143, 147, 148, 302 of IPC for which FIR, being C.R. No.
I-104/2010, has been registered with Udhna Police Station.
3. Learned
advocate Shakeel Qureshi referred to the papers and submitted that as
the thief had entered the society, it resulted in the incident and
the applicant has been falsely implicated and submitted that as now
the charge sheet has been filed and other co-accused have been
released as per the order passed in Criminal Misc. Application Nos.
10676 of 2010 dated 17.9.2010, 11082 of 2010 dated 28.9.2010 and
10096 of 2010 dated 3.9.2010, the present application may be
allowed.
4. Learned
APP Ms. Shah resisted the application.
5. Having
heard learned advocate Mr. Qureshi and learned APP Ms. Shah and
having considered the nature of offence, the role attributed and also
considering the fact that charge sheet has now been filed and other
co-accused have been released, the present application deserves to be
allowed.
6. The
application is accordingly allowed. The applicant is ordered to be
released on bail in connection with C.R. No. I-104/2010
registered with Udhna Police Station on his executing a
personal bond of Rs. 5,000/- (Rupees Five Thousand only) with one
solvent surety for the like amount to the satisfaction of the lower
court and subject to the further 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 interests of the prosecution.
(d) maintain
law and order and should co-operate with the investigating officers;
(e) mark
his presence before the concerned Police Station on the first Monday
of every calendar 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.
7. 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.
8. 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. D.S. permitted.
(Rajesh
H. Shukla, J.)
(hn)
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