Gopalbhai Bhagwanbhai Patel vs State of Gujarat

A.L. Dave, J.—Heard learned advocate for the applicant and learned Additional Public Prosecutor for the State.

This is a successive bail application preferred by the applicant on the ground of parity with co-accused Mansukh Nagji, who has been admitted to bail by an order of this Court dated 5th April, 2006, passed in Criminal Misc. Application No. 1753 of 2005. The role attributed to the applicant appears to be similar to co-accused Mansukh Nagji and, therefore, the application deserves acceptance.

The application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No. I-3 of 2004 of Botad Police Station on his executing a bond of Rs.10,000/- (Rupees ten thousand only) with one 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 act in a manner injurious to the interest of the prosecution;

(c) maintain law and order;

(d) mark his presence before the concerned Police Station on 1st and 15th of every month between 9.00 A.M. And 2.00 P.M. for a period of six months and, thereafter, on 1st of every month between 9.00 A.M. and 2.00 P.M.

(e) restrict his movements within the territorial limits of Surendranagar District except for marking presence at Botad and attending the Court in Bhavnagar District;

(f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;

(g) surrender his passport, if any, to the Lower Court, within a week.

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.

Bail before the Lower Court having jurisdiction to try the case.

Rule is made absolute.

Direct service is permitted.