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CR.MA/13224/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13224 of 2008
=========================================================
YOGESH
RAMANLAL PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HN JHALA for
Applicant(s) : 1,
MR
S P Hasurkar, Addl.PUBLIC
PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 20/10/2008
ORAL
ORDER
1.
Rule. Mr. S.P. Hasurkar, learned APP waives service of notice of
Rule on behalf of the respondent-State.
2.
The petitioner, who has been arrested on 21.6.2008 in connection
with CR No.I-281 of 2008 by Ramol police station for the offences
punishable under sections 376, 506 (1) & 114 of IPC and section
3(1)(10) of the Atrocities Act, has preferred this application
seeking his release on bail.
3.
This court has gone through the complaint. Charge sheet has already
been filed. The complaint has been lodged after 12 days of the
incident. The petitioner is in jail since 2.7.2008. Having heard the
learned counsel for both the sides and looking to the role played by
the present applicant, statements of witnesses, gravity of offence,
quantum of offence and the manner in which the applicant is involved
in the offence, this application deserves to be allowed. Accordingly,
this application is allowed. The applicant is ordered to be released
on bail in connection with CR No.I-281 of 2008 by Ramol police
station for the offences alleged against him in this petition on his
executing a personal 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 misuse his liberty;
(b)
not to act in a manner injurious to the interest of the
prosecution.
[c]
maintain law and order
(d) mark
his presence before Una police station on every 1st and 15th
day of English calendar month between 9 am and 2 p.m.
(e)
not to leave State of Gujarat without prior permission of the
court/Sessions Judge concerned.
(f)
surrender his passport, if any, to the lower court within a
week;
(g)
furnish the 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;
(iv) Not
to leave India without prior permission of the court;
4.
If breach of any of the above condition is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
5.
Bail before the lower court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[M.D.
SHAH, J.]
msp
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