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CR.MA/41/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 41 of
2010
=========================================================
RAJKUMAR
@ RAJU MANOJBHAI TIVARI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN B RAVAL for
Applicant(s) : 1,
MS KRINA CALLA ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 21/01/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who is arrested in
connection with I-C.R.No.349 of 2009 registered at Satellite Police
Station for the offences punishable under sections 406, 420, 465,
467, 468, 471, 409 and 114 of Indian Penal Code.
The
learned advocate Mr.Chetan B. Raval for the applicant at the outset
submitted that the applicant is an innocent person and false case is
foisted on him. Considering the role attributed to the applicant and
reflected in the First Information Report at Annexure-A to the
application and since other co-accused are released by this Court
(Coram:Rajesh H. Shukla, J.) vide order dated 27.11.2009 in Criminal
Miscellaneous Application No.13046 of 2009, applicant be also
enlarged on bail.
Learned
APP Ms.Krina Calla representing State while opposing the bail
application submitted that applicant is involved in the serious
offence punishable under the provisions of sections 406, 420, 465,
467, 468, 471, 409 and 114 of Indian Penal Code. Considering the
role played by the applicant and the manner in which he has
committed alleged offence, no lenient view be taken in the matter
and the application deserves to be dismissed out of hand.
I
have heard learned advocate Mr.Chetan B. Raval for the applicant and
Ms.Krina Calla, learned Additional Public Prosecutor for respondent
State at length and in great detail.
Having
considered the rival submissions and on perusal of role attributed
to the applicant and reflected in First Information Report at
Annexure-A to the application, the provisions of sections 406, 420,
465, 467, 468, 471, 409 and 114 of Indian Penal Code as well as the
order dated 27.11.2009 passed by this Court (Coram:Rajesh H. Shukla,
J.) in Criminal Miscellaneous Application No.13046 of 2009, I am of
the opinion that applicant also be deserves to be enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.349 of 2009 registered at Sattellite 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 passport, 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
every first week of English calender 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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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