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CR.MA/2991/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2991 of 2011
=============================================
RAMESHCHANDRA
CHANDRARAV PALANDE - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance :
MRMPSHAH
for Applicant(s) : 1,MS. KRUTI M SHAH for Applicant(s) : 1,
Mr.
A.J. Desai, APP, for respondent
No.1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/03/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-3/2011 with A.C.B. police station, Surat City, for the
offences punishable under Sections 7, 12, 13(1)(D) and 13(2) of the
Prevention of Corruption Act, 1988.
Heard
learned counsel for the parties and perused the record.
Learned
counsel for the applicant submits that the allegation against the
applicant is of demanding bribe but the amount was received by the
driver and at this stage the three ingredients, namely, demand,
acceptance and recovery, are not surfacing on record and, subject to
punishment prescribed for the offence and scrutiny and examination of
evidence by the trial court in detail, by imposing suitable
conditions, the applicant may be enlarged on bail.
In
the facts and circumstances of the case and considering the nature of
allegations and role attributed to the applicant, without
discussing the evidence in detail, prima facie, this Court is of the
opinion that this is a fit case to exercise the discretion to enlarge
the applicant on bail.
Hence,
the application is allowed and the applicant is ordered to be
released on bail in connection with first information report
registered at C.R.No.I-3/2011 with A.C.B. police station, Surat City,
on his executing a bond of Rs.5,000/- (Rupees five thousand only)
with one surety of the like amount to the satisfaction of the trial
court and subject to the conditions that he shall
i. not
take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
his presence at the concerned police station on the first Sunday of
every month between 10 a.m. And 3 p.m till commencement of the
trial.
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 the
residence without prior permission of this Court;
The
Authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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.
D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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