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Ketan vs State

High Court Of Gujarat|12 June, 2012

JUDGMENT / ORDER

Rule.
Mr.Shah, learned APP appears and waives service of notice for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Surat Rural police station CR No.I-6 of 2012 for the offences punishable under Sections 7, 13(1)(D), 13(2) of the Prevention of Corruption Act. Mr.Dave, learned advocate for the applicant submitted that considering the facts and circumstance of the case, and more particularly considering the punishment prescribed for the offences, the application may be granted.
Mr.Shah, Learned APP appearing for the State opposed this application.
Having considered the facts and circumstances of the case, so also considering the FIR and the relevant papers as well as the impugned order passed by the trial Court rejecting the regular bail of the applicant, this Court is of the opinion that the application deserves to be granted.
Learned counsel for the parties do not press for further reasoned order.
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 Surat Rural police station CR No.I-6 of 2012, 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 passport, if any, to the lower court within a week;
(d) not leave India 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. 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;
The Authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the trial Court 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be 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.
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.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top
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Title

Ketan vs State

Court

High Court Of Gujarat

JudgmentDate
12 June, 2012