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CR.MA/9982/2005 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9982 of 2005
==============================================================
VIJAY
CHATURBHAI CHAUHAN - Applicant(s)
Versus
THE
STATE OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
YOGESH S LAKHANI for
Applicant(s) : 1,
MR KP RAVAL APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 07/09/2005
ORAL ORDER
1. Rule.
Learned A.P.P. Mr.K.P.Raval waives service of Rule on behalf
of the respondent-State.
2. The
petitioner is facing charge under Sections 420, 467 etc. of the
Indian Penal Code.
3. Pursuant
to filing of the above complaint, the petitioner was apprehending his
arrest, and therefore, he filed an application for anticipatory
bail before this Court and this Court ( Coram : A.L.Dave, J.)
granted anticipatory bail to the petitioner and as directed by this
Court,the petitioner preferred an application for regular bail before
the trial Court being Criminal Misc. Application No.1070 of 2005,
which came to be rejected on 22-8-2005, on the ground that he has not
surrendered to the judicial custody.
4. Heard
learned counsel appearing for the respective parties. Learned counsel
for the petitioner has made a statement at the bar that petitioner
has already surrendered before the Court below and hence, this
petition is tenable. He has, therefore, requested that the
petitioner may be enlarged on bail.
5.
The parties do not press for further reasoned order. Considering the
submissions made on behalf of the parties and having regard to the
facts and circumstances of the case, the petition is allowed and the
petitioner is ordered to be released on bail in connection with M
Case No. 3 of J.P.Road Police Station on his executing a bond of
Rs.5,000/- (Rupees Five 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 misuse his liberty ;
(b)
not act in a manner injurious to the interest of the prosecution ;
(c)
maintain law and order ;
(d)
furnish the address of his residence at the time of execution of the
bond and shall not change his residence without prior permission of
this Court ;
(e)
surrender his passport, if any, to the lower Court within a week ;
(f)
not leave the State of Gujarat without the prior permission of the
Sessions Judge concerned ;
6.
If breach of any of the
above conditions is committed, the Sessions Judge concerned will be
free to issue warrant or take appropriate action in the matter.
7.
Bail bonds to be executed before the lower Court having jurisdiction
to try the case.
8.
Rule is made absolute to the aforesaid extent. D.S. today.
(
R.P.DHOLAKIA,J. )
*mithabhai
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