Gujarat High Court Case Information System
Print
CR.MA/9844/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9844 of 2010
======================================
RANCHHODBHAI
HARJIBHAI JETHVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR BM MANGUKIYA for
Applicant(s) : 1
MS MANISHA L. SHAH APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 04/10/2010
ORAL ORDER
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.
The
applicant is charged with having committed offence sections 489(B),
(C) and section 34 of Indian Penal Code, for which, F.I.R. being
I-C.R.No.119 of 2009 has been registered with Amreli Taluka Police
Station.
Learned
advocate Mr.Mangukia for the applicant accused referred to the First
Information Report and submitted that considering the nature of
offence and the role attributed to the applicant and as now the
charge sheet has been filed, present application may be allowed and
the applicant may be released on bail.
Learned
Additional Public Prosecutor Ms.M.L.Shah resisted the application.
Having
heard Mr.Mangukia, learned advocate for the applicant and
Ms.M.L.Shah, learned APP for State and having considered the nature
of offence, role attributed to the applicant and the fact that as
now the charge sheet has been filed, present application deserves to
be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with F.I.R. being
I-C.R.No.119 of 2009 registered with Amreli Taluka Police Station on
his executing 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 the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of English calender month 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.
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.
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.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit/-
Top