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CR.MA/4855/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4855 of 2011
=========================================
SAHDEV
LAYAKSINH TOMAR
Versus
STATE
OF GUJARAT
=========================================
Appearance :
MR
JR DAVE for Applicant(s) : 1,MR HITESH S PADHYA for Applicant(s) :
1,
MR. A.J.DESDAI, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/04/2011
ORAL
ORDER
Learned
counsel appearing for the Applicant submits that the Applicant is in
jail since last 15 months and considering the nature of offence and
punishment prescribed for the alleged offence and the case is
triable by the Magistrate, by imposing suitable conditions, the
Applicant be enlarged on bail.
Heard
learned APP for the Respondent – State.
Having
heard learned counsel for the parties and taking into consideration
the facts of the case, nature of allegations, role attributed to the
Applicant accused and punishment prescribed for the alleged offence
coupled with the fact that the charge sheet is filed and the
investigation is over and also other attending circumstances,
without discussing the evidence in detail, at this stage, I am
inclined to enlarge the Applicant on bail in connection with II-CR
No.3067 of 2009 registered with D.C.B. Crime, Ahmedabad Police
Station for the offences punishable under Section 25(1)(A) (B) of
the Arms Act, on furnishing bond of Rs.10,000/- (Rupees Ten thousand
only) with one surety of the like amount to the satisfaction of the
lower Court on conditions that the Applicant shall:
(a) not
take undue advantage of liberty or abuse liberty,
(b) not
act in a manner injurious to the interest of the prosecution,
(c) maintain
law and order,
(d) mark
presence before the concerned Police Station on every 1st
and 15th day of English Calendar month between 11:00 am
and 2 pm.
(e) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned,
(f) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned,
(g) not
enter the City and District limit of Ahmedabad for a period of six
months except for marking presence before the concerned police
station and / or attending the trial,
(h) furnish
the address of residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court,
(i) surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
(Anant
S. Dave,J)
Jayanti*
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