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CR.MA/10035/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10035 of 2010
=========================================================
RAJGOR
LABHSHANKAR HARIRAM - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
JAYESH A DAVE for
Applicant(s) : 1,
MR. MR MENGDEY, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 13/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C.
2. The
applicant accused is charged with having committed offences under
Sections 420, 465, 467, 468, 114 and 504 of the Indian Penal Code for
which M.Case No. 11 of 2009 has been registered with Kothara Police
Station.
3. Learned
Advocate Mr. Dave referred to the papers and submitted that the
dispute is of civil nature and when agreement to sale was entered,
the extension was made and thereafter legal notice has been served
for execution of the document. He, therefore, submitted that in any
case, considering the nature of offence, present application may be
allowed.
4. Learned
A.P.P. Mr. Mengdey resisted the application and submitted that the
charge-sheet has not yet been filed and the agreement to sale itself
raises doubt which is required to be investigated and therefore the
present application may not be allowed.
5. Having
heard the learned Advocate Mr. Dave and learned A.P.P. having regard
to the nature of offence and considering the guidelines for grant of
regular bail, the 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 the M.Case No. 11 of
2009 registered with Kothara 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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