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Amrutlal vs State

High Court Of Gujarat|29 October, 2010


The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail after filing of the chargesheet after filing of the chargesheet.
The applicant-accused is charged with having committed offences under Sections 406, 420, 467, 468, 411 and 114 of the Indian Penal Code, for which, FIR being I-C.R.No.120/2010 has been lodged at Navrangpura Police Station, District : Ahmedabad.
Learned counsel, Mr.P.P. Majmudar for the applicant referred to the manner in which the offence is alleged to have been committed and submitted that it is a business dispute leading to the filing of the complaint. He further submitted that he has settled with the complainant and, therefore, the present application may be allowed as now the chargesheet has been filed.
Learned counsel, Mr.D.K. Puj, appearing for the original complainant, has also stated that he has no objection if the present application is allowed.
Having heard learned counsel appearing for the applicant-accused and learned A.P.P. for the State and having regard to the nature of offence, manner in which it is alleged to have been committed and also considering the fact with regard to settlement arrived at, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.120/2010 registered with Navrangpura Police Station, District : Ahmedabad on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the 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 his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial commences.
If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) /patil Top
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Amrutlal vs State


High Court Of Gujarat

29 October, 2010