Laljibhai Alias Sureshbhai ... vs State Of Gujarat on 23 January, 2014

[Cites 6, Cited by 1]

Gujarat High Court

Laljibhai Alias Sureshbhai ... vs State Of Gujarat on 23 January, 2014

Bench: Anant S. Dave

           R/CR.MA/545/2014                                           ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 545 of 
                                        2014

==============================================================
       LALJIBHAI ALIAS SURESHBHAI JASBHAIBIN BECHARBHAI 
                        PATEL....Applicant(s)
                              Versus
                 STATE OF GUJARAT....Respondent(s)
==============================================================
Appearance:
MR RAJESH K SHAH, ADVOCATE for the Applicant(s) No. 1
MS HANSA PUNANI APP for the Respondent(s) No. 1
==============================================================

         CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE


         Date : 23/01/2014
 
ORAL ORDER

1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R. No. I47 of 2013 with Anklav Police Station, District :

Anand, for the offences punishable under Sections 420, 406, 384, 342, 120B of the Indian Penal Code.

2. Learned counsel appearing for the applicant submits that now the chargesheet is filed and considering the nature of allegations, role attributed, punishment prescribed and trial is likely to prolong, this application for bail may kindly be considered.

3. Heard learned APP for the respondent - State who opposed grant Page 1 of 3 R/CR.MA/545/2014 ORDER of bail looking to the nature and gravity of offence.

4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the above facts, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences and trial is likely to prolong, I am inclined to enlarge the applicant on bail.

5. Learned counsel for the parties do not press for further reasoned order.

6. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at C.R. No. I47 of 2013 with Anklav Police Station, District : Anand, on executing a bond of Rs.25,000/ (Rupees Twenty Five Thousand only) with one 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 liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution;

(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. Page 2 of 3 R/CR.MA/545/2014 ORDER for three months only;

(f) furnish the present address of 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;

7. The Authorities will release the applicant only if not required in connection with any other offence for the time being.

8. 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.

9. Bail bond to be executed before the lower court having jurisdiction to try the case.

10. 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 applicant on bail.

11. Rule is made absolute to the aforesaid extent. D.S. Permitted.

(ANANT S.DAVE, J.) /phalguni/ Page 3 of 3

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