Gujarat High Court Case Information System
Print
CR.MA/4268/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4268 of 2010
======================================
SADIQ
MOHAMMAD BHADARKA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR JB DASTOOR for Applicant(s)
: 1,
MR DG VYAS, APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 10/05/2010
ORAL
ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with I-C.R.No.83 of 2009 registered at Prabhas Patan
Police Station for the offences punishable under sections 454, 457
and 380 of Indian Penal Code.
Heard
Mr.J.B.Dastoor, learned advocate for the applicant and Mr.D.G.Vyas,
learned Additional Public Prosecutor for respondent State at length
and in great detail.
I
have considered the role attributed to the applicant as reflected in
First Information Report and the police papers, provisions of
sections 454, 457 and 380 of Indian Penal Code, quantum of
punishment, gravity of offence and the manner in which alleged
offence is committed by the applicant along with other co-accused
who is also considered by me. Having considered the aforesaid
aspect, I am of the view that applicant deserves to be enlarged on
bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.83 of 2009 registered at Prabhas Patan Police Station on
executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one
surety of the like amount to the satisfaction of the Trial 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]
surrender his passport, if any, to the lower Court within a week;
[d]
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e]
mark his presence at the concerned Police Station on any day of
every first week of English calender month between 9.00 AM and 2.00
PM till the trial is over;
[f] furnish
the present address of his residence to the I.O. And also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g] maintain
law and order.
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
bond to be executed before the lower Court having jurisdiction to
try the case.
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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
Top