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CR.MA/556/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 556 of 2010
=========================================================
ISMAIL
VAJIDKHAN & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Applicant(s) : 1 - 2.MS BELA A PRAJAPATI for Applicant(s) : 1 - 2.
MS
MANISHA LAVKUMAR SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 16/04/2010
ORAL
ORDER
1.
Counsel for the petitioners does not press this petition for
petitioner No.1. This petition qua petitioner No.1 is dismissed as
not pressed.
2.
For petitioner No.2, Rule. Ms.Manisha Lavkumar Shah, APP waives
service of notice of Rule on behalf of respondent-State.
3. Counsel
for the petitioner No.2 submitted that the petitioner No.2 is falsely
involved in the case. There is no other criminal case against him.
He drew my attention to the complaint as well as to the other
materials collected by the police on which chargesheet has been
filed.
4.
I have perused the complaint as well as the other documents with the
chargesheet. Prima facie it appears that the case of the prosecution
is that the deceased was last seen together with co-accused Ismail
Vajidkhan (original petitioner No.1 who has not pressed this bail
application). The complainant has also stated that when deceased
Altaf left on a scooty with accused Ismail Vajidkhan, petitioner No.2
Shabbir Akbarkhan was with the complainant for a substantial period
of time.
5.
Considering above prima facie of the matter and also considering the
fact that the petitioner No.2 has no criminal antecedents and the
chargesheet is filed upon completion of the investigation, I
am of the opinion that the present application qua petitioner No.2 is
required to be granted.
6.
Under the circumstances, the petitioner No.2 Shabbir Akbarkhan is
ordered to be released on bail in
connection with FIR being I C.R.No. 77 of 2009 registered with
Bhilad Police Station on 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 the prosecution;
(c) maintain
law and order;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(e) 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.
(f) mark
presence in the concerned police station on every 1st
and 15th
day of English Calendar month between 11:00 am to 2:00 pm;
(g) surrender his
passport, if any, to the Lower Court immediately.
7.
If breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
8.
Bail before the Lower Court having jurisdiction to try the case.
9.
Rule qua petitioner No.2 is made absolute. Direct service is
permitted.
(AKIL
KURESHI,J.)
syed/
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