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CR.MA/14583/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14583 of 2010
=========================================
THAKOR
BHURAJI @ SHANKAR MEGHAJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR DHAVAL N
VAKIL for
Applicant(s) : 1,
Mr Kartik Pandya, Addl.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/12/2010
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I- 104 with Vijapur Police Station, for the offences
punishable under Sections 365, 376, 394, 342, 506 (2) and 34 of the
Indian Penal Code and section 135 of the Bombay Police Act.
Heard learned
APP Mr. for the respondent – State.
2. Having heard
learned counsel for the parties and perusing the record of the case
and taking into consideration the facts of the case, nature of
allegations and prima facie, no overt act is attributed to the
applicant and one Rasikji Thakore against whom all the allegations
levelled is not before this court, by imposing suitable conditions,
I am inclined to enlarge the applicant on bail.
Learned counsel
for the parties do not press for further reasoned order.
3. In the facts
and circumstances of the case, the application is allowed and the
applicant is ordered to be released on bail in connection with first
information report registered being C.R. No.I 104 with Vijapur
Police Station, on 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;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. till the trial is
commenced;
furnish
the present 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 the
residence without prior permission of this Court;
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
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.
Bail
bond to be executed before the lower court having jurisdiction to try
the case.
At the trial, the trial court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
msp
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