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CR.MA/10029/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10029 of 2005
==============================================================
GOHIL
(DARBAR) AMBUJI MANUJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
KR BRAHMBHATT for
Applicant(s) : 1,
MR KP RAVAL, APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 07/09/2005
ORAL
ORDER
Rule.
Mr.K.P.Raval, learned APP waives service for State.
Heard
learned counsel for the petitioner and learned APP for the State.
I.O. is also present with case papers.
It
is submitted by Mr.Brahmbhatt, learned counsel
for the petitioner that similarly situated accused Mathurbhai has
been released on bail vide order dated 12-8-2005 passed in
Cri.Misc.Appln.No.9101 of 2005, copy of which has been annexed with
this petition at page 37 as Annexure-E. It is further submitted that
main accused is Ravibhai and he is absconding. It is also submitted
that the investigation qua the petitioner is over and charge sheet
is filed and hence, it is requested that the petitioner may be
released on bail.
In
view of the aforesaid facts and circumstances of the case and
considering the case of the petitioner on par with the co-accused
Mathurbhai who has been released on bail vide order dated 12-8-2005
passed in Cri.Misc.Appln.9101 of 2005, the petitioner is required to
be released on bail on parity.
This
petition is accordingly allowed and he is ordered to be released on
bail in connection with Vasai Police Station C.R.No.I-11 of 2005 for
the offence alleged against him in this petition on his executing
bond of Rs.5,000/- (Rupees Five Thousand only) with one 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 liberty or abuse liberty;
b)
maintain law and order;
c)
not act in a manner injuries to the interest of the prosecution;
d)
furnish the present and present address of 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;
e)
not leave the limit of State of Gujarat without prior permission of
the Court; and
f)
surrender passport, if any, within a week to the lower Court.
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
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
(R.P.DHOLAKIA,J.)
radhan/
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