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CR.MA/12977/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12977 of 2011
=================================================
TULSIBHAI
HARIBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
JV JAPEE for Applicant(s) : 1,
MR RC KODEKAR APP for Respondent(s)
: 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/09/2011
ORAL
ORDERAt
the outset, learned counsel for the applicant, on instructions,
submits that without prejudice to the rights and contentions of the
applicant, he would like to pay Rs.1,00,000/- within two weeks from
the date of his release with the concerned court and would make his
best possible efforts to see that part of the amount is paid.
Learned counsel appearing for the applicant submitted that
investigation is over and charge
sheet is filed. It is further submitted that wife of the
applicant is suffering from Tuberculosis and other serious deceases,
by imposing suitable conditions, the applicant may be
enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact
that charge sheet is filed,
without discussing the evidence in detail, at this stage, I am
inclined to enlarge the applicant on bail in connection with
C.R.No.I-149/2010 of Himatnagar Town Police Station for the
offences punishable under sections 467, 468, 420, 406 & 114 of
the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees
ten thousand only) with one surety of the like amount to the
satisfaction of the lower Court and on conditions that the applicant
shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m for three months;
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
Bail
before the Lower Court having jurisdiction to try the case.
However,
for compliance of the order, S.O. to 23.12.2011.
[Anant
S. Dave, J.]
*pvv
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