Gujarat High Court Case Information System
Print
CR.MA/15911/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15911 of 2011
=========================================================
VIRENDRASINH
NARENDRSINH RAULJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM CHAKKAR for M/S THAKKAR ASSOC.
for
Applicant(s) : 1,
MS CHETNA SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 18/11/2011
ORAL
ORDER
Rule.
Learned APP waives service of Rule on behalf of the respondent –
State. The applicant has filed this application for regular bail,
under Section 439 of the Code of Criminal Procedure, in connection
with the offence being CR No. I – 10 of 2011 registered with
A.C.B. Police Station, Vadodara, for the offence u/ss. 7, 12,
13,(1)(d) r/w 13(2) of the Prevention of Corruption Act.
Heard
learned Counsel for the applicant and learned APP for the
respondent. Learned Advocate, appearing for the applicant has
contended that the applicant is falsely implicated in the alleged
offence. He has contended that the applicant is practicing Advocate
and he had gone to visit his client who was in custody at Vadodara
for filing anticipatory Bail Application. The applicant does not
know the original accused No.1 as well as the complainant and even
as per the case of prosecution, the applicant has not demanded any
amount from the complainant on behalf of the original accused No.1.
He has contended that there is no recovery of any bribe amount from
the possession of the applicant. He has also contended that the case
relates to the documentary evidence and the documents are already
seized by the Investigating Agency and the witnesses are the pub lic
servants and, therefore, there is no question of tampering with the
witnesses. He has also contended that the petitioner is not a public
servant and, therefore, no offence under Sections 7 or 13(1)(d) r/w
13(2) of the P.C. Act are made out against the applicant. Therefore,
looking to the facts of the case the applicant may be released on
bail by imposing suitable conditions. Learned APP has vehemently
opposed this application.
Having
heard the learned Advocate for the parties and looking to the facts
of the case and the fact that now the charge-sheet is filed and,
therefore, without entering into the merits of the case, I am
inclined to grant this application. Both the parties do not press
for reasoned order.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I – 10 of 2011
registered with A.C.B. Police Station, Vadodara, for the offences
alleged against him in this application on his executing a Bond of
Rs.10,000/- (Rupees ten thousand only) with one solvent surety of
the like amount to the satisfaction of the trial Court and subject
to the 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) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without the prior permission of the
concerned Sessions Judge.
f) furnish
the 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;
g) surrender
his passport, if any, to the lower Court within a week.
5. 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.
6. 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.
7. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
Top