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CR.MA/12739/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12739 of 2010
=========================================================
YOGESH
@ VIKKI CHIMANBHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ANIL H SONI for
Applicant(s) : 1,
MR MAULIK NANAVATY ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date : 29/10/2010
ORAL ORDER
Rule.
Mr.Maulik Nanavaty, learned Additional Public Prosecutor waives
service of notice of Rule on behalf of respondent-State.
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 392 and
114 of Indian Penal Code for which F.I.R. being I-C.R.No.434 of 2009
has been registered with Sabarmati Police Station.
Learned
advocate Mr.Soni for the applicant accused referred to the papers
and submitted that considering the nature of offence and as the
charge sheet is filed, present application may be allowed.
Learned
Additional Public Prosecutor Mr.Maulik Nanavaty resisted the
application.
Having
heard learned advocate Mr.Soni for the applicant and learned APP
Mr.Nanavaty for respondent State and having considered the nature of
offence and the fact that charge sheet has now been filed, present
application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.434 of 2009 has
been registered with Sabarmati Police Station on his executing bond
of Rs.5,000/- (Rupees FIve Thousand) 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) 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
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