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CR.MA/11739/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11739 of 2010
=========================================================
PRAVIN
@ ASHWIN ANANDBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
GA PATHAN for Applicant(s) : 1,
MR MAULIK NANAVATI APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 26/10/2010
ORAL
ORDER
The
present application has been filed by the applicant for grant of
regular bail under Section 439 of Criminal Procedure Code in
connection with FIR being I-C.R.No. 220 of 2009 registered with
Naroda Police Station, Ahmedabad city for the offence punishable
under Sections 392 and 114 of the Indian Penal Code.
Learned
advocate, Mr.Pathan, for the applicant referred to the paper and
submitted that applicant is said to have antecedents but he has been
released by Sessions Court twice as well as by High Court twice.
Therefore, considering the nature of offence and the fact that
charge-sheet has been filed, present application may be allowed.
Learned
APP resisted the application.
Having
heard the learned advocate for the applicant and learned APP and
having perused the papers and considering the nature of offence as
well as the fact that charge-sheet has now been filed, present
application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with FIR being I-C.R.No. 220
of 2009 registered with Naroda Police Station, Ahmedabad city on his
executing a bond of Rs.5,000/- (Rupees Five Thousand) with one
solvent surety of the like amount to the satisfaction of the lower
Court and subject to the 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 interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month between 11.00 AM to 2.00 PM till the trial commences.
(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.
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.
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. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
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