Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1378 (GUJ)

Sagarbhai Dhanabhai Koli Patel v. State of Gujarat

2017-08-08

G.R.UDHWANI

body2017
ORAL ORDER : G.R. UDHWANI, J. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 465, 466, 467, 468, 471 and 120B of the Indian Penal Code for which an FIR came to be registered at I-C.R No. 97 of 2017 with Bavla Police Station, Ahmedabad. 2. Heard learned advocate for the applicant and learned APP for the respondent State. 3. Considering the nature of accusations against the applicant as also the submissions of the learned counsel for the applicant that the applicant would not be relying/supporting forged document i.e Will in any proceedings whatsoever including the judicial proceedings, case for admitting the applicant to bail is made out. The learned counsel for the applicant also states that an undertaking to the above effect will be filed by the applicant within two weeks. 4. The application is, therefore, allowed. The applicant is ordered to be released on bail in connection with F.I.R. being I-C.R. No. 97 of 2017 registered with Bavla Police Station, Ahmedabad, on his furnishing bail bond and surety each in the sum of Rs. 10,000/- (rupees ten thousand only) to the satisfaction of the trial court and also on the following terms and conditions that the applicant 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 territory of India without prior permission of the Sessions Judge concerned; (e) file an undertaking that he would not be relying/supporting forged document i.e. Will in any proceedings whatsoever including the judicial proceedings within two weeks; (f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court. 5. The authorities will release the applicant only if he is 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 take appropriate action in the matter. 5.1 Bail bond to be executed before the lower court having jurisdiction to try the case. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 5.1 Bail bond to be executed before the lower court having jurisdiction to try the case. 5.2 It will be open for the concerned court to delete, modify and/or relax any of the above conditions, in accordance with law. 5.3 At the trial, the trial court shall not be influenced by the observations of primary nature, qua the evidence at this stage, made by this court while enlarging the applicant on bail. 5.4 Rule is made absolute to the aforesaid extent. Direct service is permitted.