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CR.MA/862/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 862 of 2010
=========================================================
RAMAN
SHARMA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARDIK A DAVE for
Applicant(s) : 1,
MS. KRINA CALLA, ADDITONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 01/02/2010
ORAL
ORDER
Rule.
MS. Krina Calla, learned Additional Public Prosecutor, waives
service of rule on behalf respondent-State. Having
regard to the facts and circumstances of the case, the application
is taken up for hearing today.
This
application is preferred under Section 439 of Criminal Procedure
Code, 1973, seeking regular bail for the applicant who came to be
arrested in connection with Criminal Case No-17312/2008 pending
before the Ld. JMFC, Surat for the offence punishable under Section
138 of Negotiable Instruments Act.
Mr.
Hardik A. Dave, learned advocate for the applicant submitted that on
earlier occasion, the application for bail was rejected vide order
dated 22/1/2010, passed by Learned 5th Additional
District & Sessions Judge, Surat, in Misc. Criminal Application
No.97/2010.
Considering
the rival submissions and the fact that the applicant remained
absent and as a result of which, that application for bail was not
considered, this application deserves to be allowed without
recording detail reasons.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with Criminal Case No-17312/2008 registered with Ld. JMFC, Surat for
the offence punishable under Section 138 of Negotiable Instruments
Act on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only)
each 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] 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 applicant on bail.
Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
(H.B.ANTANI,J.)
Girish
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