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CR.MA/4325/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4325 of 2010
======================================
JETHAJI
ALIAS BUDHUBHA ASHAJI ALIAS GANUBHA JADEJA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
HARDIK DAVE FOR MR JB PARDIWALA for Applicant:1
MR DEVANG VYAS APP
for Respondent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 07/05/2010
ORAL
ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant in connection with
I-C.R.No.13 of 2010 registered at Dayapar Police Station punishable
under sections 147, 148, 149, 326 and 34 of Indian Penal Code as
well as section 135 of Bombay Police Act.
Heard
learned advocate Mr.Hardik Dave for Mr.J.B.Pardiwala learned
advocate for the applicant and Mr.Devang Vyas, learned APP for State
Respondent.
Considering
rival submissions and on perusal of the role attributed to the
applicant as reflected in First Information Report and police papers
as well as injury certificate which is produced by learned APP for
my perusal, provisions of sections 498(A), 306, 114 read with
section 75 of the Indian Penal Code, quantum of punishment, gravity
of offence, I am of the view that applicant deserves to be enlarged
on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.13 of 2010 registered at Dayapar Police Station on
executing a bond of Rs.10,000/- (Rupees Ten 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 abuse his liberty;
[b]
not act in a manner injurious to the interest of the prosecution;
[c]
surrender his passport, if any, to the lower Court within a week;
[d]
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e]
mark his presence at the concerned Police Station on any day of
every first week of English calender month between 9.00 AM and 2.00
PM till the trial is over;
[f] 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 his
residence without prior permission of this Court;
[g] maintain
law and order.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to 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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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