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CR.MA/8593/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8593 of 2010
=========================================================
BHAVESHBHAI
BHIMABHAI CHUDASAMA - KOLI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
SUNIL C PATEL for
Applicant(s) : 1,
Mr DC Sejpal, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 16/08/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-45 of 2010 registered at Gir Gadhada Police Station for
the offences punishable under Sections 306, 323, 498A and 302, 323
324, 447, 504, 506 (2) and 114 of Indian Penal Code.
.
2. Heard
the learned Advocate for the applicant and the learned APP at length
and in great detail. I have considered the rival submissions and
also perused the role attributed to the applicant as reflected in
the FIR, police papers as well as the provisions of Sections 306,
323, 498A and 302, 323 324, 447, 504, 506 (2) and 114 of Indian
Penal Code. I have taken into consideration the alleged offences
and the manner in which the it is committed, the quantum of
punishment and the gravity of offence. However, considering the
aforesaid aspects, I am of the view that the applicant deserves
to be enlarged on bail. The application is allowed
accordingly. The applicant is ordered to be enlarged on bail in
connection with aforesaid offences 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 calendar 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.
3. 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.
4. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
5. 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 applicant on bail.
6. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[H.B.ANTANI,
J.]
msp
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