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CR.MA/10903/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10903 of 2010
======================================
PRAKASHBHAI
RAMABHAI BAMANIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MRAMITNCHAUDHARY for
Applicant(s) : 1,
MS MINI NAIR APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 16/09/2010
ORAL ORDER
Rule.
Ms.Mini Nair, learned Additional Public Prosecutor waives service of
notice of Rule on behalf of the Respondent-State of Gujarat.
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the charge sheet.
The
applicant-accused is charged with having committed offences
under sections 457, 380 and 454 of Indian Penal Code, for which, FIR
has been lodged being I-C.R.No.536/2009 at Sector 7 Police Station,
Gandhinagar.
Learned
advocate Mr.Chaudhry for the applicant referred to the First
Information Report and submitted that considering the nature of
offence and the fact that charge is filed, present application may
be allowed. He submitted that he is not involved in commission of
offence and is not named in the First Information Report.
Learned
A.P.P. Ms.Nair resisted the present application and submitted that
there are two cases registered against the applicant accused and,
therefore, the present application may not be entertained.
Having
heard learned advocate Mr.Chaudhry for the applicant and learned APP
Ms. Nair for the State and considering the nature of offence and the
fact that charge sheet has now been filed, present application
deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.536/2009 at
sector 7 Police Station, Gandhinagar on his executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) 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 of English Calender between 11:00 AM to 2:00 PM.
(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 to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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