CR.MA/10569/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 10569 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= BHACHU KARSAN KOLI - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance : MR BY MANKAD for Applicant(s) : 1, MR. R.C. KODEKAR APP for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 04/09/2008 ORAL JUDGMENT 1. Rule. Shri R.C. Kodekar, learned APP, wavies service of rule on behalf of the respondent State. CR.MA/10569/2008 2/4 JUDGMENT 2. Present application is filed by the applicant- original accused Bhachu Karsan Koli after submission of the charge-sheet for releasing him on bail in connection with complaint being I. C.R. No. 20 of 2008 registered with Rapar Police Station, District Kutch for the offences punishable under Sections 420, 465, 468, 471, 114 of IPC. It appears that the alleged date of of offence 21.9.2007 and the complaint has been lodged on 23.3.2008 after the complainant lost in the RTS proceedings, the complaint came to be lodged. It appears that there were two power of attorney with respect to different lands and with respect to another land and the power of attorney petitioner is already granted anticipatory bail as well as the regular bail. 3. Considering the above and more particularly, when the complaint was not filed immediately and complaint came to be filed only after the complainant lost in RTS proceedings and considering the fact that the investigation is already over and the charge- sheet is already filed, the applicant deserves to be released on bail. Applicant is ordered to be released CR.MA/10569/2008 3/4 JUDGMENT on bail in connection with Crime Register I. C.R. No. 20 of 2008 registered with Rapar Police Station, District Kutch for the offences punishable under Sections 420, 465, 468, 471, 114 of IPC on his executing a bond of Rs.5,000/- (Rupees Five Thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that applicant shall : (a) not take undue advantage of their liberty or abuse their liberty: (b) not act in a manner injurious to the interest of the prosecution: (c) maintain law and order; (d) mark their presence before concerned Police Station on 1st and 7th day of every English calendar month between 11.00 a.m. and 2.00 p.m. for a period of 6 (six) months. (e) not leave the State of Gujarat without the prior permission of the Sessions Court concerned; (f) furnish address of their residence at the time of execution of the bond and shall not change their residence without prior permission of this Court; (g) surrender their passport, if any, to the lower Court within a week. 4. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter. CR.MA/10569/2008 4/4 JUDGMENT 5. Bail before the lower Court having jurisdiction to try the case. 6. Rule is made absolute. Direct Service is permitted. [M.R.SHAH, J.] Kaushik