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CR.MA/6333/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6333 of 2008
==============================================
HASMUKH
@ KARIYO KHIMJIBHAI SHINGRAKHIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================
Appearance
:
MR NIRAV C THAKKAR for
Applicant(s) : 1,
MR HARSHADRAY A DAVE for the Complainant,
MR HARDIK A DAVE for the Complainant,
MR DIPEN DESAI
for Respondent(s) : 1,
==============================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
Date
: 27/06/2008
ORAL
ORDER
RULE.
Mr Dipen Desai, learned Additional Public Prosecutor waives service
of rule on behalf of the respondent State.
2. This
application has been preferred for regular bail under Section 439 of
the Code of Criminal Procedure, 1973, in connection with the offence
registered with Jamjodhpur Police Station bearing C.R. No. I ? 3 of
2008 for the offences punishable under Sections 302, 201 and 114 of
the Indian Penal Code.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, this application is allowed. The
applicant-original accused is ordered to be released on bail in
connection with the offence registered with Jamjodhpur Police
Station being C.R. No. I – 3 of 2008 on his executing a bond of Rs.
5,000/- (Rupees five thousand only) with one surety of 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) shall
mark his presence before the concerned police station on every first
day of English Calendar month between 9.00 a.m. and 2.00 p.m.;
(e) not
leave the State of Gujarat without prior permission of the Sessions
Court concerned;
(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.
4. 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.
5. Bail
before the lower Court having jurisdiction to try the case.
Rule
is made absolute accordingly. Direct service is permitted.
(BHAGWATI
PRASAD, J)
siji
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