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CR.MA/15666/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15666 of 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
GOPALBHAI
POPATBHAI BHUVA - Respondent(s)
=========================================================
Appearance :
MS CM SHAH
APP for Applicant(s) : 1,
MR PREMAL R JOSHI
for Respondent(s) : 1,
MR NILESH R KOYANI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 10/05/2011
ORAL
ORDER
1. The
applicant herein has prayed to cancel the regular bail granted to the
original accused by the learned I/C. Presiding Officer, Fast Track
Court, Jetpur Camp at Upleta vide order dated 13.10.2010 passed in
Criminal Misc. Application No. 416 of 2010.
2.
The respondent is the original accused in the criminal complaint
being C.R. No. I-90/2009 registered with Jetpur Taluka Police
Station, District Rajkot for offences punishable u/s. 192, 196, 197,
198, 464, 465, 468, 470 and 471 of IPC. In connection with the said
offence, he was arrested on and was produced before the competent
Court. The respondent preferred application for regular bail before
the Court below and this Court, which came to be dismissed and
withdrawn respectively. Thereafter, the respondent – original
accused preferred Criminal Misc. Application No. 416 of 2010 before
the court of learned I/c. Presiding Officer, Fast Track Court,
Jetpur Camp at Upleta, who allowed the said application, vide order
dated 13.10.2010. Hence, this application.
3. Heard
learned counsel for the respective parties and perused the documents
on record. While appreciating the evidence adduced before it the
Court below found that at the time of the incident the accused person
was not the Managing Trustee and he was only the member of the Trust.
Looking to the allegations made in the complaint it does not appear
that accused person was directly implicated with the commission of
the alleged offence. After considering the above aspects, the
evidence on record, and that the trial will take a long time, the
Court below granted regular bail on conditions to the accused.
4. Considering
the reasons given by the Court below in the impugned order and
keeping in mind the law on the subject, I do not find this to be a
case wherein the bail granted to the accused deserves to be
cancelled. Hence, the application is rejected.
5. In
view of the above, the application stands disposed of accordingly.
Rule is discharged.
[K.S.
JHAVERI, J.]
/phalguni/
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