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CR.MA/12008/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12008 of 2010
=======================================================
PRUTHULBHAI
PADMAKANTBHAI MEHTA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
RD DAVE for Applicant(s) : 1,
MS ML SHAH APP for Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 15/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet.
The
applicant-accused is charged with having committed offences
under Sections 406, 420, 465, 468, 471, 120(B) and 114 of the Indian
Penal Code, for which, FIR being I-C.R.No.36/2007 has been lodged at
Mansa Police Station.
Learned
counsel, Mr.R.D. Dave for the applicant referred to the FIR and
submitted that the applicant is not involved in procuring the job
and has not been received any amount. He further submitted that the
allegation is that he had introduced other persons/co-accused and,
therefore, as now the chargesheet has been filed, the present
application may be allowed.
Learned
A.P.P., Ms.Shah resisted the present application and submitted that
he impersonated himself has office bearer of the congress party and
has not been arrested for about three years, for which, warrant came
to be issued.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and having considered the nature of
offence, manner in which it is alleged to have been committed, role
attributed, prima-facie case suggested. However, as now the
chargesheet has been filed and other co-accused have been released
on bail, the 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.36/2007
registered with Mansa Police Station 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) 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.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the trial
commences.
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.)
/patil
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