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CR.MA/11132/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11132 of 2010
=========================================
MANJAR
AKIL @ ALAMBHAI MOHAMMAD AWESH SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR RM
PARMAR for
Applicant(s) : 1,
Ms. MANISHA LAVKUMAR, ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 29/09/2010
ORAL
ORDER
1. The present
application has been filed by the applicants for grant of regular
bail under sec. 439 of the Code of Criminal Procedure.
2. The applicant-accused
is charged with having committed offences under sections 465, 467,
471, 472, 114 of IPC and sec. 18(1)(6) & 18 of the Drugs and
Cosmetics Act for which FIR, being C.R. No. I-123/2010, has been
registered with Panigate Police Station, Baroda.
3. Learned advocate Ms.
Lopa Bhatt referred to the FIR and other papers and submitted that
considering the nature of offence, the present application may be
allowed. The applicant is a broker and other co-accused have been
released.
4. Learned APP Ms.
Lavkumar resisted the application.
5. Having
heard learned advocate Ms. Lopa Bhatt and learned APP Ms. Lavkumar
and having considered the nature of offence, the role attributed and
also considering the fact that other co-accused have been
released,the present application deserves to be allowed.
6. The application is
accordingly allowed. The applicant is ordered to be released on bail
in connection with C.R. No. I-123/2010 registered with Panigate
Police Station, Baroda on his executing a personal bond of Rs.
5,000/- (Rupees Five Thousand only) with one solvent surety for the
like amount to the satisfaction of the lower court and subject to the
further conditions that he shall :
(a) not take undue
advantage of his liberty or abuse his liberty.
(b) not to try to tamper
or pressurize the prosecution witnesses or complainant in any manner;
(c ) not act in any
manner injurious to the interests of the prosecution.
(d) maintain law and
order and should co-operate with the investigating officers;
(e) mark his presence
before the concerned Police Station on the first Monday of every
calendar month between 11.00 am to 2.00 pm till the charge sheet is
filed.
(f) furnish the address
of his residence to the investigating officer and also to the court
at the time of execution of the bond and shall not change his
residence without prior permission of the court.
(g) surrender his
passport, if any, to the lower court, within a week.
7. If breach of any of
the above conditions is committed, the concerned Sessions Judge will
be free to issue warrant or take appropriate action in the matter.
8. Bail before the lower
court having jurisdiction to try the case. It would be open to the
trial court concerned to give time to furnish the solvency
certificate, if prayed for.
Rule is made absolute.
D.S. permitted.
(Rajesh H.
Shukla, J.)
(hn)
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