Gujarat Court January 2011 Judgments
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Nagjibhai Mahedabhai Harijan Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. The applicant of this application seeks regular bail in connection with criminal complaint bearing C.R.No.I-112 of 2010 registered before Dhanera Police Station, Dist. Banaskantha.2. Counsel for the applicant submitted that the applicant has no criminal antecedents. Investigation is over and charge-sheet is filed. He submitted that the applicant is in jail since 01.10.2010. He further submitted that there was considerable delay in filing the complaint.3. Considering the above prima facie aspects of the matter, the applicant is ordered to be released on bail in connection with FIR being C.R.No.I-112 of 2010 registered before Dhanera Police Station, Dist. Banaskantha on his furnishing 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 following 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 th...
Ashokbhai Bachubhai Chavda Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. Rule. Mr. RC Kodekar, learned APP, waives service of notice of Rule for the respondent State of Gujarat.2. At the time of hearing of this application, Mr. MH Barejia, learned advocate for the applicant does not press this application and seeks leave to withdraw the same.3. Mr. RC Kodekar, learned APP has no objection if leave as prayed for is granted.4. Hence, leave to withdraw the application is granted. The application stands disposed of as it is withdrawn. Rule is discharged. (A.M.KAPADIA, J.)...
Sindhi (Dafer) Sharifbhai Nagodarbhai Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. The applicant of this application seeks regular bail in connection with criminal complaint bearing C.R.No.I-37 of 2007 registered before Chanasma Police Station, Dist. Patan.2. Learned counsel for the applicant submitted that the investigation is over and charge-sheet is filed. He further pointed out that other co-accused have been released on bail by this Court by different orders.3. Considering the above prima facie aspects, the applicant is ordered to be released on bail in connection with FIR being C.R.No.I-37 of 2007 registered before Chanasma Police Station, Dist. Patan on his furnishing bond of Rs.20,000/- (Rupees Twenty Thousand Only) with one surety of the like amount to the satisfaction of the lower court and subject to the following 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) not leave the State of Gujarat without prio...
Rajesh Chakrapani Gautam Vs. Oil and Natural Gas Corporation.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. Present Misc. Civil Application is filed, praying that,"3(A) That Your Lordships be kind enough to recall the order dated 9.9.2010 passed by this Hon'ble Court (Coram: Ravi R. Tripathi, J.) and be pleased to decide the said petition in respect of petitioner no.2 Dhirenkumar Navinchandra Jani, on merit."2. Heard learned learned advocate Mr. T.R. Mishra for the applicant. The petition was disposed of by this Court by order 9.9.2010, which reads as under:-" Learned advocate Mr.T.R. Mishra with heavy heart states that the petitioner has expired. In view of that the petition has become infructuous.2. Due to lapse of time, the matter is rendered to be one involving an academic question only. Therefore, the Court has not examined the matter. However, liberty is reserved in favour of the learned advocate to agitate the same question in appropriate case.3. With these observations the petition is disposed of. Rule is discharged."3. Learned advocate Mr. Mishra submitted that it is pe...
Babubhai Mangabhai Patel Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDER1. The present application has been filed by the applicant for grant of regular bail under sec. 439 of the Code of Criminal Procedure after the charge sheet is filed.2. The applicant-accused is charged with having committed offences under sections 420, 465, 467, 468, 471, 474, 114 and 34 of IPC for which M. Case No. 6/2010 has been registered with Jalalpore Police Station, Dist. Navsari.3. Learned Sr. Counsel Mr. Thakkar appearing with learned advocate Mr. Bharda for the applicant submitted that the applicant is the purchaser of the property in question by registered sale deed executed on 30.11.2006. However, when he came to know that the person from whom he had purchased is not the real owner, he had executed a registered declaration, which is produced at page 17, for declaration that the earlier transaction is void and he would surrender all his claims. The said writing is dated 28.12.2007.4. Learned Sr. Counsel Mr. Thakkar submitted that in fact as he came to know he has t...
Hasan Buddhusha Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-12-2011
ORAL ORDERRule. Learned APP, Shri KP Raval, waives service of rule on behalf of respondent-State.Petitioner-convict has prayed for parole to attend his mother sickness. His jail record suggests that he has already been undergone sentence of more than 10 years and 1 month, during which period, he has been released on several occasions and he has returned on time on each occasions.Under the circumstances, petitioner is ordered to be released on furlough leave for a period of 14 days on depositing a sum of Rs.10,000/-. Upon completion of the period, he shall surrender before the jail authorities.This order shall be communicated to the petitioner in jail. Rule made absolute to the aforesaid extent....
Hirabhai Dhulabhai Bhangi Vs. State of Gujarat.
Court: Gujarat
Decided on: Jan-01-2011
ORAL ORDER1. This is an application to condone delay of 40 days caused in filing Second Appeal St No. 104 of 2009.2. According to the applicant, he is poor and residing in a village area, therefore, could not contact his advocate. His advocate had communicated him about the decision but that communication was not received by him, therefore, there is delay in filing of the Second Appeal.3. I have heard learned advocate Mr. Pandya for the applicant, learned Assistant Government Pleader Mr. Patel for opponents No 1 and 2 and opponent No. 3 is served but has not appeared.4. Having regard to the averments made in the application and oral submissions, it appears that there was no in-action or negligence on the part of the applicant in preferring the proceedings. The averments made in the application have not been controverted by the opponents, therefore, the applicant has shown sufficient grounds for condonation of delay.5. In view of above this application is allowed. Delay of 40 days cause...
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