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Tarun vs State

High Court Of Gujarat|19 June, 2012

JUDGMENT / ORDER

The instant applications are filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Khambhalia police station, District:Jamnagar, CR No.I.8 of 2012 for the offences punishable under Sections 465, 467, 468, 471 and 120(B) of the Indian Penal Code.
Mr.Dagli, learned advocate for the applicant in Criminal Misc. Application No.7865 of 2012, at the outset, submitted though the applicant is named in the F.I.R. but, role attributed to him by the complainant is that he assisted in capacity as advocate. It is submitted that he has nothing to do with the dispute between the parties and he is not the beneficiary.
Mr.Rachh, learned advocate for the applicant in Criminal Misc.Application No.7883 of 2012, submitted that role attributed to the applicant of this application is that he signed the documents in question in capacity as witness. It is further submitted that he is not the beneficiary nor he has any nexus with the dispute between the parties.
Heard Mr.K.L.Pandya, learned Additional Public Prosecutor for the respondent-State.
Having considered the submissions advanced on behalf of respective parties, so also considering the the fact that both the bail applications are filed after the entire investigation is over and charge-sheet is filed. Considering the facts and circumstances of the cases, both the applications deserve to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the applications are allowed and the applicants are ordered to be released on bail in connection with CR No.I.8 of 2012 registered with Khambhalia police station, District:Jamnagar, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 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. 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 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.
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 applicants on bail.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top
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Title

Tarun vs State

Court

High Court Of Gujarat

JudgmentDate
19 June, 2012