Sureshbhai Pratapbhai Patel vs State Of Gujarat on 30 January, 2015

[Cites 1, Cited by 7]

Gujarat High Court

Sureshbhai Pratapbhai Patel vs State Of Gujarat on 30 January, 2015

Bench: A.J.Desai

     R/CR.MA/1388/2015                                                                                                                                ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1388 of 2015

================================================================
                          SURESHBHAI PRATAPBHAI PATEL....Applicant(s)
                                          Versus
                              STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR P P MAJMUDAR, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
================================================================

                  CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                                            Date : 30/01/2015


                                                                ORAL ORDER

1. By way of the present successive bail application filed under Section 439 of the Code of Criminal Procedure Code, the applicant has prayed to release him on regular bail in connection with F.I.R. registered at C.R. No. I - 112 Of 2014 with Chikhli Police Station, District Navsari.

2. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

4. Learned advocate appearing for the respective parties do not invite a reasoned order.

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R/CR.MA/1388/2015 ORDER

5. I have heard learned advocates appearing for the parties.

Considering the fact that charge sheet is filed and the allegation levelled against the present applicant, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 112 Of 2014 with Chikhli Police Station, District Navsari on executing a bond of Rs.10,000/(Rupees Ten 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 injuries to the interest of the prosecution;

[c] surrender 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 presence at the concerned police station on any day of first weeks of each English Calender Month for a period of six months;

[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;

6. The Authorities will 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 lower court having jurisdiction to try the case. It will be open for the Page 2 of 3 R/CR.MA/1388/2015 ORDER 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 applicant on bail.

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

(A.J.DESAI, J.) *Kazi...

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