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CR.MA/13110/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13110 of 2008
=========================================================
FAROOK
DAWOODBHAI DUTIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Applicant(s) : 1,
MR M R Mengdey, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 20/10/2008
ORAL
ORDER
1. Rule.
Learned APP waives service of notice of Rule on behalf of the
respondent-State.
2. The
petitioner, who has been arrested on 13.7.2008 in connection with CR
No.I-260 of 2008 by Junagadh City ‘B’ Division police station for the
offences punishable under sections 363, 266 and 114, 323, 294(b), 114
of IPC, has preferred this application seeking his release on bail.
3. This
court has gone through the the complaint as well as the statement of
the victim. Charge sheet has already been filed. The petitioner is
in jail since 13.7.2008.
4. Having
heard the learned counsel for both the sides and looking to the role
played by the present applicant, statements of witnesses, gravity of
offence, quantum of offence and the manner in which the applicant is
involved in the offence and also the fact that the co-accused has
already been released by this court vide order dated 31.7.2008, this
application deserves to be allowed. Accordingly, this application is
allowed. The applicant is ordered to be released on bail in
connection with CR No.I-260 of 2008 by Junagadh City ‘B’ Division
police station for the offences alleged against him in this
petition on his executing a personal bond of Rs. 10,000/- (Rupees ten
thousand only) with one surety of the like amount to the satisfaction
of the lower court and subject to the following conditions that he
shall:
(a) Not
take undue advantage if his liberty or misuse his liberty;
(b) not
to act in a manner injurious to the interest of the prosecution.
[c] maintain
law and order
(d) mark
his presence before Junagadh City Police station on every first
day of every first week of English calendar month between 9 am
and 2 p.m. till the trial is over.
(e) not
to leave State of Gujarat without prior permission of the
court/Sessions Judge concerned.
(f) surrender
his passport, if any, to the lower court within a week;
(g)
furnish the 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 his
residence without prior permission of this court;
(iv)
Not to leave India without prior permission of the court;
4. If
breach of any of the above condition is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter.
5. Bail
before the lower court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[M.D.
SHAH, J.]
msp
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