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CR.MA/3563/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3563 of 2010
=====================================================
NIRAJ
CHANDRAKANT PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
HRIDAY BUCH for Applicant(s) : 1,
MR DEVANG VYAS ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/04/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who has been arrested in
connection with CR No. I – 25 of 2009 registered with Nadiad Police
Station, for the offences punishable under Section 420, 465, 468,
471, 120-B of the Indian Penal Code and Section 65 of the Information
Technology Act.
I
have heard the learned advocate for the applicant and learned APP for
the respondent State at length and in great detail. I have
considered the role attributed to the applicant as reflected in the
FIR, police papers. I have also considered the fact that the
applicant is not main culprit but he was only mediator and on basis
of statement of co-accused, he has been implicated in alleged
commission of the offence punishable under Sections 420, 465, 468,
471, 120-B of the Indian Penal Code and Section 65 of the Information
Technology Act. Considering the provisions of aforesaid Sections,
quantum of punishment, gravity of offence, I am of the view that the
applicant deserves to be enlarged on bail. However, stringent terms
and conditions are required to be imposed while releasing the
applicant on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with C.R. No. I – 25
of 2010 registered with Nadiad Police Station, on executing a bond of
Rs.10,000/- [Rupees ten thousand only] with one 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 act in a manner injurious to the interest of the prosecution;
[c]
surrender his passports, if any, to the lower court within a week;
[d]
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e]
mark his presence at the concerned Police Station on any day of first
week of every English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
(f)
furnish the present address of his residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of this Court;
[g]
maintain law and order.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
At
the trial, the trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
ynvyas
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