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CR.MA/11031/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11031 of 2010
=========================================
VAGHELA
PANKAJKUMAR AMRUTLAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR IMRAN H
PATHAN for
Applicant(s) : 1,
MR SHIVANG SHUKLA, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 17/09/2010
ORAL
ORDER
Rule.
Mr. Shivang Shukla, learned APP, waives service of rule for the
respondent-State.
2. The present
application has been filed by the applicant for grant of regular bail
under sec. 439 of the Code of Criminal Procedure after the charge
sheet is filed.
3. The applicant-accused
is charged with having committed offences under sections 379, 411 and
114 of IPC, sec. 3 & 7 of the Prevention of Damage to Public
Property Act, 1984, sec. 3 & 7 of the Essential Commodities Act,
1955 and sec. 15(2) of the Petroleum and Mineral Pipeline Act, 1962
for which FIR, being C.R. No. I-26/2010, has been registered with
Adalaj Police Station. Gandhinagar.
4. Learned advocate Mr.
Pathan referred to the FIR and submitted that he is not named in the
FIR and the other co-accused have been released by this court as per
the order passed in Criminal Misc. Application No. 6303 of 2010 as
well as Criminal Misc. Application No. 6598 of 2010. He further
submitted that as now the charge sheet has been field, the present
application may be allowed.
5. Learned APP Mr.
Shukla resisted the application.
6. Having
heard learned advocate Mr. Pathan and learned APP Mr. Shukla and
having considered the nature of offence, the manner in which the
offence is alleged to have been committed, the role attributed and
also considering the fact that the charge sheet is now filed, the
present application deserves to be allowed.
7. The application is
accordingly allowed. The applicant is ordered to be released on bail
in connection with C.R. No. I-26/2010 registered with Adalaj Police
Station, Gandhinagar on his executing a personal bond of Rs. 5,000/-
(Rupees Five Thousand only) with one solvent surety for the like
amount to the satisfaction of the lower court and subject to the
further conditions that he shall :
(a) not take undue
advantage of his liberty or abuse his liberty.
(b) not to try to tamper
or pressurize the prosecution witnesses or complainant in any manner;
(c ) not act in any
manner injurious to the interests of the prosecution.
(d) maintain law and
order and should co-operate with the investigating officers;
(e) mark his presence
before the concerned Police Station on the first Monday of every
calendar month between 11.00 am to 2.00 pm till the trial commences.
(f) furnish the address
of his residence to the investigating officer and also to the court
at the time of execution of the bond and shall not change his
residence without prior permission of the court.
(g) surrender his
passport, if any, to the lower court, within a week.
8. If breach of any of
the above conditions is committed, the concerned Sessions Judge will
be free to issue warrant or take appropriate action in the matter.
9. Bail before the lower
court having jurisdiction to try the case. It would be open to the
trial court concerned to give time to furnish the solvency
certificate, if prayed for.
Rule is made absolute.
D.S. permitted.
(Rajesh H.
Shukla, J.)
(hn)
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