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CR.MA/12168/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12168 of 2010
=========================================================
RAMESHBHAI
@ KABHAIBHAI FAKIRBHAI GOHEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
========================================================
Appearance :
MR
YUNUS U MALEK for
Applicant(s) : 1,MR H B CHAMPAVAT for Applicant(s) : 1,
MS ML
SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 27/10/2010
ORAL
ORDER
1. The
present application has been filed by the applicant for grant of
regular bail under Section 439 of Code of Criminal Procedure, 1973
after the charge-sheet is filed.
2. The
applicant accused is charged with having committed offence under
Sections 465, 467, 468, 471, 506(2) and 114 of I.P.Code for which FIR
being C.R.No. I-46 of 2010 has been registered with Vaso Taluka
Police Station.
3. Learned
Advocate Mr. Malek referred to the papers and submitted that the
applicant had remained present at the time of sanction of the loan
and the other co-accused has been released as per the order passed in
Criminal Misc. Application No.11169 of 2010 dated 29.09.2010.
4. Learned
APP Ms. M.L.Shah resisted the application.
5. Having
heard the learned Advocate Mr. Malek as well as learned APP Ms. M.L.
Shah and having considered the nature of offence, the role attributed
and also considering the fact that the charge-sheet has been filed
and other co-accused has been released, 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 F.I.R. being C.R.No.
I-46 of 2010 registered with Vaso Taluka 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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