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CR.MA/1627/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1627 of 2007
=========================================================
USMANGANI
GULAM RASUL GHANCHI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VIRAT G POPAT for
Applicant(s) : 1,
MS
MITA PANCHAL, ADDL PUBLIC
PROSECUTOR for
Respondent(s) : 1,
MR
PV NANAVATI, for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 07/03/2007
ORAL
ORDER
1. RULE.
Ms. Mita Panchal, learned Additional Public Prosecutor, waives
service of Rule for the State.
2. Present
application has been preferred under Section 439 of the Code of
Criminal Procedure in connection with an offence registered at Dholka
Police Station for the offences punishable under Sections 406, 408,
409, 418, 419, 420, 467, 468, 469, 471 read with Section 120-B of the
Indian Penal Code.
3. Having
heard the learned counsel for both the sides, including the counsel
for the respondent bank, I hereby enlarge the applicant on bail
mainly for the reasons that, as per the undertaking given by the
present applicant before this Court, amount has been deposited; this
fact has been confirmed by the learned counsel upon instruction of
Shri Abdul Rahim A. Shaikh, Manager of respondent No.2 bank; the
undertaking was filed on 18.05.2006; this Court had granted temporary
bail to test the present applicant whether he is making payment or
not. This payment is already made. Now, looking to the nature of
allegations against the present applicant, gravity of the offence,
quantum of punishment and manner in which the present applicant is
involved, the application is allowed and the applicant is ordered to
be released on bail in connection with Crime Register No. I-47 of
2003 registered with Dholka Police Station on his executing a bond in
the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two
sureties 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
act in a manner injurious to the interest of the prosecution;
c)
maintain law and order;
d) mark
his presence before the Dholka Police Station on every first day of
English calender month between 9.00 AM and 2.00 PM;
e) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
f) furnish
the address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
g) surrender
his passport, if any, to the lower court, within a week;
4. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
5. Bail
before the lower Court having jurisdiction to try the case.
6.
Rule is made absolute. Direct service is permitted.
(D.N.
PATEL, J.)
omkar
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