Gujarat High Court Case Information System
Print
CR.MA/12734/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12734 of
2010
=========================================================
YASHWANT
@ RAJA JAYRAMBHAI THAKUR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
VAIBHAV A VYAS for
Applicant(s) : 1,
MS MANISHA L SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date : 28/10/2010
ORAL ORDER
The
present application has been filed by the applicant for grant of
regular bail under section 439 of Code of Criminal Procedure, 1973,
after the charge sheet is filed.
The
applicant is charged with having committed offence sections 395, 397
and 412 of Indian Penal Code as well as section 135(1) of Bombay
Police Act, for which, F.I.R. being I-C.R.No.22 of 2010 has been
registered with G.I.D.C. (Vatva) Police Station.
Learned
advocate Mr.Vaibhav Vyas for the applicant accused referred to the
papers and submitted that considering the nature of offence as well
as the fact that charge sheet is filed, present application may be
allowed. He submitted that there are seven other cases, however,
present application may be allowed.
Learned
Additional Public Prosecutor Ms.Mini Nair resisted the application
and submitted that applicant is habitual offender as there are seven
other cases and there is one major case of decoit wherein he has
been arrested on the basis of C.C.T.V. Camera and, therefore,
considering the antecedents present application may not be allowed.
In
rejoinder, Mr.Vaibhav Vyas, learned advocate for the applicant, has
submitted that other co-accused has been released on bail.
Having
considered learned advocate Mr.Vaibhav Vyas for applicant and
Ms.Mini Nair, learned APP and having considered the nature of
offence and role attributed to the applicant, present application
deserves to be allowed, subject to the conditions, in view of
antecedents which are required to be imposed as mentioned
hereinafter.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.22 of 2010 has
been registered with G.I.D.C. (Vatva) Police Station on his
executing bond of Rs.5,000/- (Rupees Five Thousand Only) with one
solvent surety 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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of English calender month between 11:00 AM to 2:00 PM till the trial
commences.
(f) shall
not enter into area of Vatva Police Station, except for the purpose
of marking presence or attending the court proceedings;
(g) 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.
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.
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 to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit
Top