Imranbhai Anwarbhai Majothi vs State Of Gujarat on 14 November, 2014

[Cites 9, Cited by 22]

Gujarat High Court

Imranbhai Anwarbhai Majothi vs State Of Gujarat on 14 November, 2014

Bench: A.J.Desai

          R/CR.MA/16290/2014                                          ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 16290 of 2014

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               IMRANBHAI ANWARBHAI MAJOTHI....Applicant(s)
                               Versus
                   STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR VIJAY H NANGESH, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL APP for the Respondent(s) No. 1
================================================================

           CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                 Date : 14/11/2014


ORAL ORDER

1 By way of the present application under Section 439 of the Code of Criminal Procedure, 1973, the applicantaccused have prayed to release him on regular bail in connection with the FIR registered at CR No. I30 of 2014 before Waghai Police Station, DistrictDang, for the offenses punishable under Sections 409, 465, 467, 468, 471, 120B and 380 of the Indian Penal Code and 26 of the Forest Act. .

3. I have heard learned Advocates appearing on behalf of the respective parties and have perused the investigation papers. Charge sheet has been filed and the offenses are triable by Magistrate, I am of the of the opinion that the application requires consideration. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being CR No. I 30 of 2014 registered with Waghai Police Station, DistrictDang, on executing a personal bond of Rs. 25,000/ (Rupees twenty five thousand Page 1 of 2 R/CR.MA/16290/2014 ORDER only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

[a] not take undue advantage of his liberty or misuse the liberty;

[b] not act in a manner injuries to the interest of the prosecution;

[c] surrender his passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark his presence before the concerned Police Station on alternate Monday for a period of six months between 10:00 a.m. and 4:00 p.m.;

[f] furnish latest 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 the residence without prior permission of this Court;

4. The Authorities shall release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.

5. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) pnnair Page 2 of 2

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