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CR.MA/5388/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5388 of 2011
=========================================================
JAGDISH
@ SOMO SONAJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1,
MR JK SHAH APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/04/2011
ORAL
ORDER
Leave to amend the name of the
applicant.
Rule.
Learned APP waives service of rule.
Learned counsel
appearing for the applicant submits that charge
sheet is filed and by and large offences are under
Section 380 but in some cases Section 457 is also attracted.
However, considering other attending circumstances and arraigning
the applicant implicating with the crime on the basis of earlier
case, by imposing suitable conditions, the applicant
may be enlarged on bail.
Heard
learned APP for the respondent – State.
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, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact that
charge sheet is filed, without discussing the evidence in
detail, at this stage, I am inclined to enlarge the applicant on
bail in connection with C.R.No.I-159/2010 of Sayla Police Station
for the offences punishable under sections 457, 380 of IPC, 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 and
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 Calender month between 11.00 a.m.
and 2 p.m .
[e]
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
[f]
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;
[g]
surrender passport, if any, to the Lower Court immediately.
[h]
shall not enter in the district of Surendernagar and Rajkot for a
period of 3 months except for marking presence.
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.]
(ashish)
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