Gujarat High Court
Kanubhai Viththalbhai Jivrajani vs State Of Gujarat on 11 May, 2016
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/10769/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 10769 of 2016
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KANUBHAI VITHTHALBHAI JIVRAJANI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR PJ KANABAR, ADVOCATE for the Applicant(s) No. 1
MR. BHAUMIK DHOLARIYA, ADVOCATE for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 11/05/2016
ORAL ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.6 28 of 2016 with Gariyadhar Police Station for the offences punishable under Sections 306, 506 (2) and 114 of the Indian Penal Code read with Sections 40 and 42 of the Bombay Money Lenders Act.
2.Learned Counsel appearing for the applicant submits that the investigation is in progress and the applicant is alleged to have given loan to the victim. Considering the nature of allegation, role attributed to the applicant and other attending circumstances, it is submitted that the applicant may be enlarged on bail.
3.Heard learned APP Mr. Manan Mehta for the
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R/CR.MA/10769/2016 ORDER
respondent-State.
4.Having heard learned Counsels for the parties, perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.
5.Learned counsels for the parties do not press for further reasoned order.
6.In the facts and circumstances of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.28/2016 with Gariyadhar Police Station, District Bhavnagar, 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 injurious 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 presence at the concerned Police Station on the first Sunday of every month between 11.00 a.m. Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu May 12 03:24:24 IST 2016 R/CR.MA/10769/2016 ORDER and 1.00 p.m. for three months only;
f) furnish the present 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;
6.The authorities will release the applicant only if not required in connection with any other offence for the time being.
7.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.
8.Bail bond to be executed before the lower court having jurisdiction to try the case.
9.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.
10.For modification and/or deletion of any of the conditions hereinabove, the applicant is at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
11.Rule is made absolute. Direct Service is permitted today.
(B.N. KARIA, J.) Prakash Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu May 12 03:24:24 IST 2016