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CR.MA/1214/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1214 of
2011
=========================================================
MUKESH
BHAVCHANDBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Applicant(s) : 1,MS BELA A PRAJAPATI for Applicant(s) : 1,
MR DC
SJEPAL, ASST. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 10/02/2011
ORAL
ORDER
1. Learned
Counsel for the petitioner submitted that investigation is over and
the charge-sheet is filed. From the charge-sheet papers, he contended
that there is no direct evidence against the present petitioner. He,
further, submitted that one co-accused Urvesh, in whose car,
allegedly, the dead-body was found and which is supposed to have been
used in the commission of the offence, has been released on bail by
this Court.
2. Learned
APP, however, drew my attention to the documents on record to contend
that there is sufficient evidence against the petitioner, of having
committed the offence punishable under Section-302 of the Indian
Penal Code.
3. At
this stage, when the trial is, yet, to commence,
it would not be appropriate on my part to make any conclusive
observations with respect to the evidence
on record. However, for the purpose of this bail application, I find
that co-accused has been released on bail and insofar as the present
petitioner is concerned, he was not found on the spot, where the car
carrying the dead-body had met with accident. Considering
the above, prima facie,
aspects of the matter and since
charge-sheet is also filed,
I find this is a fit case for granting bail. Under the circumstances,
the petitioner is ordered to be released on bail in connection with
C.R.-I NO. 167/2010,
registered with KAPODARA
POLICE STATION, Surat,
for the offences punishable under Sections-302, 364, 365, 120(B),
201, 188 and 114 of the Indian Penal Code, on his furnishing bond of
Rs.25,000/-(Rupees Twenty Five Thousand), with one surety of the like
amount to the satisfaction of the lower Court and subject to the
conditions that, he shall:
(1). not take undue
advantage of his liberty or abuse his liberty;
(2). not act in a
manner injurious to the interest of the prosecution;
(3). maintain law and
order;
(4). mark his presence
before the concerned Police Station on every 1st and 15th
day of English Calendar month between 11:00 a.m. to 2:00 p.m.;
(5). not leave the
State of Gujarat without prior permission of the Sessions Judge
concerned;
(6). 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;
(7). surrender his
passport, if any, to the Lower Court immediately.
4. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
5. Bail
before the Lower Court having jurisdiction to try the case.
6. Rule
is made absolute. Direct service is permitted.
(AKIL
KURESHI, J.)
Umesh/
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