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CR.MA/12723/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12723 of 2010
=============================================
RAFIK
@ MURGHI S/O KASAM IBRAHIM MANSURI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR HARSHIT S TOLIA for
Applicant(s) : 1,MRPARTHSTOLIA for Applicant(s) : 1,
MS KRINA P
CALLA ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 16/11/2010
ORAL
ORDER
Rule.
Ms. Krina Calla, learned APP, waives service of notice of Rule for
respondent – State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 204 of 2006 with Una Police Station, District: Junagadh for
the offences punishable under Sections 395, 436, 427, 120(b), 452,
143, 147, 148, 149, 323, 337 etc. of the Indian Penal Code and
Section 135 of the Bombay Police Act.
Mr.
H.S.Tolia, learned counsel appearing for the applicant submits that
the applicant has been released earlier as per the order passed in
Criminal Misc. Application No.1843 of 2007 vide order dated
23.02.2007. However, due to breach of the conditions the bail was
cancelled. He further submits that the accused is in jail and
therefore present application has been filed. He also submits that
the accused came to be acquitted in Sessions Case No.56 of 2008 and
therefore considering the nature of offence, he may be released.
Heard
learned APP Ms. Krina Calla 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, I am inclined to enlarge the
applicant on bail.
Learned
counsel for the parties do not press for further reasoned order.
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 at CR No.I 204 OF 2006 with
Una Police Station, District: Junagadh, 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. for three months only;
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.)
//smita//
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