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CR.MA/5889/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5889 of 2011
=========================================================
YOGENDRASINH
@ YOGESH S/O GUMANSINH RATHORE - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
VIKRAMSINGH GOHIL for
Applicant(s) : 1,
MR RC KODEKAR ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/05/2011
ORAL ORDER
Leave
to amend the name of the Police Station.
Rule.
Learned APP, Mr Kodekar, waives service of notice of rule for and on
behalf of State.
2. This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Gujarat University Police Station, Ahmedabad vide C.R.No.I-300 of
2009 for the offences punishable under Section 379 of IPC.
3. Heard
learned advocate Mr Gohil for the accused-applicant and Mr Kodekar,
learned APP for the State. Perused the FIR. The parties does not
press for a reasoned order.
4. Considering
the role ascribed to the accused-applicant and the nature of
allegations levelled against the accused-applicant in the FIR, I am
persuaded to exercise my discretion in favour of the
accused-applicant taking into consideration the following aspects :-
(1)
The offences are Magistrate triable offence;
(2) Investigation
is over and chargesheet is filed;
(3) The
interest of the prosecution can be protected by imposing certain
stringent terms and conditions against the accused-applicant.
5. Having
regard to the facts and circumstances of the case, the applicant is
ordered
to be released on bail in connection C.R. No.I-300 of 2009 registered
with Gujarat University Police Station, Ahmedabad on his executing a
bond in the sum of Rs.25,000/- (Rupees twenty five thousand only)
with one solvent surety of the like amount to the satisfaction of the
lower Court and subject to the conditions that he shall,
not
indulge in any such activity again;
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence at Gujarat University Police Station, Ahmedabad on
every alternate day between 10:00 am to 2:00 pm till conclusion of
the trial;
not
leave the local limits of the city of Ahmedabad till conclusion of
the trial;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
7. Bail
before the Lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Application is disposed of accordingly. Direct
service is permitted.
(J.B.PARDIWALA,
J.)
zgs/-
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