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CR.MA/14715/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14715 of 2010
=============================================
REJENDRA
HIRALAL TRIVEDI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR PM THAKKAR SR. ADV. for MR
PP MAJMUDAR for Applicant(s) : 1,
MR KRINA P CALLA ADDL. PUBLIC
PROSECUTOR for Respondent(s) : 1,
MR PS GONDALIA for M/S S G
ASSOCIATES for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/12/2010
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-29 of 2009 with DCB Police Station, Vadodara City, for the
offences punishable under Sections 406, 420, 465, 467, 468, 471, 474
and 120-B of the Indian Penal Code.
2. Learned
counsel appearing for the applicant submits that he applicant is
attributed of supplying a specimen signature to certain persons who
are alleged to have executed a forged wil of father of the
complainant. The case before the Civil court about probate is
pending. It is further submitted that besides this, there is no role
attributed to the applicant who happened to be a driver of the father
of the complainant and there he may be granted bail.
3. Heard
learned APP for the respondent – State and learned advocate for
the complainant who opposes grant of bail and submits that but for
the overt act of supplying specimen signature of the father of the
complainant no wil could have been forged and, therefore, the
applicant cannot be enlarged on bail.
4. Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, and
besides, the Civil Court has ceased with the subject matter whether
to grant probate or not, I am inclined to enlarge the applicant on
bail.
5. Learned
counsel for the parties do not press for further reasoned order.
6. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at CR No.I-29 of 2009 with
DCB Police Station, Vadodara City, on 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;
(a) not
take undue advantage of liberty or misuse liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
passport, if any, to the lower court within a week;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(e) mark
presence at the concerned police station on the first Sunday of every
month between 10.00 a.m. and 3.00 p.m. till the trial commences;
(f) 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;
7. The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
8. 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.
9. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
10. 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.
11. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
12. It
is made clear that observations of prima facie nature shall have no
bearing on any proceedings pending before any Court or forum.
(ANANT
S. DAVE, J.)
//smita//
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