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CR.MA/9366/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9366 of 2010
=========================================================
PRAKASHKUMAR
PRAVINBHAI THAKKAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
NK MAJMUDAR for
Applicant(s) : 1,
MR MR MENGDEY, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 20/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The
applicant accused is charged with having committed offences under
Sections 406, 420, 467, 468, 471, 114 of the Indian Penal Code for
which M.Case No. 3 of 2007 has been registered with Vidyanagar Police
Station.
3. Learned
Advocate Mr. Nirav Majmudar referred to the FIR and impugned order
and submitted that the applicant has only applied for the loan on the
basis of the document and thereafter the other co-accused is said to
have applied for the loan before the other institution wherein he is
not involved. He, therefore, submitted that as the investigation is
over and the charge-sheet is filed, present application may be
allowed.
4. Learned
APP Mr. Mengdey has resisted the application referring to the papers
and submitted that there is a prima facie case.
5. Having
heard the learned Advocate Mr. Majmudar and learned APP and having
perused the papers and also considering the nature of offence, the
manner in which it is alleged to have been committed, role attributed
and also considering the fact that the charge-sheet is now filed,
present application deserves to be allowed subject to the conditions
hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with M.Case No. 3 of 2007
registered with Vidyanagar Police Station, on his executing a bond
of Rs.5,000/- (Rupees Five Thousand) 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 with 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 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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