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CR.MA/12208/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12208 of 2011
=========================================================
RAMLAL
CHAGANLAL PANDYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
VAIBHAV N SHETH for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 26/08/2011
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-129 of 2009 with Prantij Police Station,
District:Sabarkantha, for the offences punishable under Sections 219,
409, 420, 467, 469, 166 read with Section 167 of the Indian Penal
Code.
Heard
learned counsel for the parties and perused the record.
Learned
counsel for the applicant submits that charge sheet is filed and in
identical case by order dated 28/2/2011 passed in Criminal Misc.
Application No.1766 of 2011 co-ordinate Bench exercised the power
under Section-439 of the Code by recording fact that charge sheet was
filed, offence is triable by Magistrate and prima facie it was the
case of unauthorized exercise of powers or exercise of powers not in
accordance with law but allegations of misappropriation were not
noticed. So as the case in subsequent cases, where applicants came
to be enlarged by this Court on 18/4/2011 passed in Criminal Misc.
Application No.4100 of 2011 and by another order dated 11/7/2011 in
Criminal Misc. Application No.5716 of 2011. The case on hand is also
having substantially similar facts and hence presence of applicant
can be secured during trial by imposing suitable conditions and
considering overall aspects 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-129 of 2009 with Prantij Police Station,
District:Sabarkantha, 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.)
(ila)
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