Amarbhai Nagjibhai Bharwad vs State Of Gujarat on 21 June, 2021

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Gujarat High Court

Amarbhai Nagjibhai Bharwad vs State Of Gujarat on 21 June, 2021

Bench: S.H.Vora

     R/CR.MA/10089/2021                             ORDER DATED: 21/06/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 10089 of 2021

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                          AMARBHAI NAGJIBHAI BHARWAD
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR HRIDAY BUCH FOR MR VINOD M GAMARA(5910) for the Applicant(s)
No. 1,2,3
NILESH J GOSAI(7325) for the Applicant(s) No. 1,2,3
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA

                                Date : 21/06/2021

                                 ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.

3. Learned advocate Mr. Hriday Buch for the applicants states at bar that the applicants will file Undertaking before this Court to the effect that if the applicants fail to get any interim protection in the pending proceedings either before the Civil Court or Revenue authority within two months, in that event, the applicants would remove construction erected on the land bearing revenue survey no.96,97, 98 and TP No.217 and FP No.98 of the revenue survey no.98 ad- measuring 16752 sq. meters at Hebatpur village.

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R/CR.MA/10089/2021 ORDER DATED: 21/06/2021

4. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.11191045210862 with Sola High Court Police Station, Ahmedabad for the offences punishable under Sections 3, 5(a), 5(c),5(d), 5(e) of the Gujarat Land Grabbing (Prohibition) Act, 2020.

5. Heard and examined the papers placed for consideration in support of the submission made at bar.

6. Upon hearing submission, following picture emerges on record :-

(i) Substantial investigation is over.

(ii) No past antecedent is registered qua the applicants.

(iii) For the alleged offence, maximum punishment is to the extent of 10 years.

(iv) The applicants have deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicants, pending investigation and trial.

7. Hence, the application is allowed and the applicants are ordered to be released on bail in connection with F.I.R. registered at C.R.No.11191045210862 with Sola High Court Police Station, Ahmedabad, on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) each with one surety Page 2 of 4 Downloaded on : Tue Jun 22 00:07:27 IST 2021 R/CR.MA/10089/2021 ORDER DATED: 21/06/2021 of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicants shall;

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

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

[c] not leave the territory of India without prior permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

[f] file Undertaking within 3 days before this Court and Sessions Court to the effect that if the applicants fail to get any interim protection in the pending proceedings either before the Civil Court or Revenue authority within two months, in that event, the applicants would remove construction erected on the land bearing revenue survey no.96,97, 98 and TP No.217 and FP No.98 of the revenue survey no.98 ad measuring 16752 sq. meters at Hebatpur village.

7. The competent authority will release the applicants only if the applicants are 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 Page 3 of 4 Downloaded on : Tue Jun 22 00:07:27 IST 2021 R/CR.MA/10089/2021 ORDER DATED: 21/06/2021 free to take appropriate action in the matter. Bail bond to be executed before the 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, the 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 applicants on bail.

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

(S.H.VORA, J) SATISH Page 4 of 4 Downloaded on : Tue Jun 22 00:07:27 IST 2021

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