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CR.MA/14894/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14894 of 2011
=========================================================
SAMIR
YASINBHAI PIPADWALA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KB ANANDJIWALA for
Applicant(s) : 1,
MS CHETNA SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 16/11/2011
ORAL
ORDER
The
applicant has filed this application under Section 439 of the Code of
Criminal Procedure in connection with first information report
registered at C.R.No.I-319 of 2011 with Amraiwadi police station for
the offences punishable under Sections 406, 420, 467, 468, 471, 120B
and 114 of the Indian Penal Code.
Heard
learned counsel for the parties and perused the record.
Learned
counsel for the applicant submits that the applicant was an employee
and at this stage of investigation it transpires that, so far as
issuance of mark-sheet, degree certificate and preparation of such
certificate is concerned, role of the applicant is not overt but
basically accusations are against one Samir Mitharvan Pravi Desai,
Lalsingh Mahendra Singh and Jignesh Barot.
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-319 of 2011 with Amraiwadi Police Station 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.
(Z.K.SAIYED,
J.)
sas
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